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Tag Archives: Breach of fiduciary duty

2010AP926 Silverstein v. Amidzich, et al.

Torts Breach of fiduciary duty; statute of limitations Bradford Amidzich and Allen Silverstein terminated their business agreement. Amidzich appeals a judgment deciding that payments he thought due him were not royalties and that rescissory damages, a constructive trust and prejudgment interest were not appropriate. Silverstein cross-appeals an underlying order deciding that the statute of limitations had not ... Subscribe Login ...

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2010AP115 Haugen, et al. v. Hanson

Trusts and Estates Breach of fiduciary duty Steven Hanson, pro se, and Stanley Hanson appeal a money judgment against them for conspiracy and breach of fiduciary duties relating to their deceased father’s trust. They argue that the circuit court failed to apply the proper legal standard and misinterpreted the trust language, that there was insufficient evidence to ... Subscribe Login ...

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2010AP1053 Lippert v. Lippert

Family Powers of attorney; conversion; undue influence; breach of fiduciary duty John Lippert appeals from an order dismissing his complaint for a review and accounting of the actions of his brother, James R. Lippert (Jim), while acting for their father, James G. Lippert (James), under a durable power of attorney (DPOA) nominating Jim as the agent. John’s ... Subscribe Login ...

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09-3428, 09-3452, 09-3497, 10-1851, 10-2079 & 10-2091 Peabody v. Davis

ERISA Breach of fiduciary duty; diversification Where a retirement plan failed to diversify despite the investment’s collapse, the plan was properly found liable for breach of fiduciary duty. “We agree with the district court that a prudent investor would not have remained so heavily invested in RIC’s stock as the company’s fortunes declined precipitously over a five-year period ... Subscribe ...

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10-1469 George v. Kraft Foods Global, Inc.

ERISA Breach of fiduciary duty Summary judgment was improperly granted to the defendant on a breach of fiduciary duty claim under ERISA, where the 401(k) plan had a unitized structure. “[T]he district court’s grant of summary judgment rests on its finding that the undisputed facts established that defendants actually made a reasoned decision between the status quo and ... Subscribe ...

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2007AP203 Polsky v. Virnich

Corporations Breach of fiduciary duty; insolvency The court is equally divided on the question of whether the decision of the court of appeals, Polsky v. Virnich, 2010 WI App 20, 323 Wis. 2d 811, 779 N.W.2d 712, should be affirmed or reversed. Justice David T. Prosser, Justice Patience Drake Roggensack and Justice Michael J. Gableman would affirm; ... Subscribe Login ...

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