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https://www.newyorklitigator.com/breach-of-fiduciary-duty.html
Under New York law, a person who induces a breach of fiduciary duty is also liable. This may be helpful if the fiduciary is judgment proof-- i.e., without the assets to pay a large judgment. Under New York law, the injured party may sue a relatively peripheral figure that induced the breach, who may have the resources to pay a judgment.
https://fhnylaw.com/proving-breach-fiduciary-duty-claim/
A breach of fiduciary duty claim is generally no different from other tort claims. Therefore, a breach of fiduciary duty claim should be approached in much the same way as any other tort claim. In this regard, plaintiffs should be mindful of their burden of proof. In New York, a breach of fiduciary duty claim must be pleaded with particularity.
https://davidrichlaw.com/what-are-the-elements-of-breach-of-fiduciary-duty-in-new-york/
Nov 03, 2014 · In New York, “In order to establish a breach of fiduciary duties, a plaintiff must prove the existence of a fiduciary relationship, misconduct by the defendant, and damages that were directly caused by the defendant’s misconduct.” Kurtzman v.
https://www.juleshaasattorney.com/breach-of-fiduciary-duty.html
Breach of fiduciary duty can occur when a fiduciary such as an Executor, Administrator or Trustee obtains profit through self-dealing or causes losses through a breach of duty. If this happens, you need an experienced New York City estate litigation lawyer who knows how to evaluate and recommend equitable remedies.5/5
https://www.nysar.com/legal/legal-counsel-compendium/index-of-current-new-york-appellate-decisions/c---breach-of-fiduciary-duty
The Bear Stearns Co., Inc. (278 A.D.2d 121) - broker breached its fiduciary duty and therefore forfeited any right to compensation for its services where broker failed to disclose to its principals that broker had agreements with third parties to receive commissions in connection with the leasing of two properties which broker was proposing that its principals lease
http://www.legalvictor.net/breach-of-fiduciary-duty-jurisprudence-of-the-new-york-state-court-of-appeals-in-the-current-millennium/
May 18, 2012 · Claims for breach of fiduciary duty appear to have proliferated, possibly because the nature of the claim suggests some sort of outrageous or egregious conduct, on the one hand, while a finding of such wrongdoing may entitle the complainant to exemplary damages, on the other.
http://www.classactionsreporter.com/investments/bank-new-york-mellon-breach-fiduciary-duty-trust-class-action
Bank of New York Mellon Breach of Fiduciary Duty for Trust Complaint Bank of New York Mellon is trustee for a trust established by the grandmother and great-grandmother of the plaintiffs in this case.
https://sites.law.berkeley.edu/thenetwork/2014/04/01/aiding-and-abetting-the-breach-of-fiduciary-duty-new-york-commercial-division-decisions-illuminate-standards-for-proper-pleading/
Apr 01, 2014 · In its holding, the court noted that the complaint “contain[ed] only a conclusory statement” that defendants were aware that the person alleged to have breached a fiduciary duty was a director of New CPS and that plaintiff had failed to “claim that the movants had actual knowledge of [Weissman’s] duties” under the shareholders’ agreement or other relevant contracts (Id., at 7-8).
https://www.jonathancooperlaw.com/library/is-my-breach-of-fiduciary-duty-claim-too-late-.cfm
"New York law does not provide a single statute of limitations for breach of fiduciary duty claims. Rather, the choice of the applicable limitations period depends on the substantive remedy that the plaintiff …
https://www.upcounsel.com/breach-of-fiduciary-duty
A breach of fiduciary duty happens if a fiduciary behaves in a manner that contradicts their duty, and there are serious legal implications. It is also easier to prove a breach of fiduciary duty as there is no need to prove fraudulent or criminal intent. A breach of fiduciary duty is serious and complex.
http://www.newyorklegalethics.com/beware-when-client-claims-breach-of-fiduciary-duty/
Breach of fiduciary duty, in contrast, relates to the specific duties a lawyer owes a client, such as loyalty and the preservation of confidences and secrets. The case law is not always consistent on this point, however. Some courts would disagree with Judge Lowe’s formulation, both with respect to proximate causation and damages.
https://www.klenklaw.com/practices/trust-and-estate-litigation/breach-of-fiduciary-duty/
A Breach of Fiduciary Duty occurs when the fiduciary such as an Executor or Trustee instead acts in the best interest of themselves or some other party. Skip to Content Home
https://www.uslegalforms.com/us/US-00760.htm
View Complaint - Trade Secrets - Misappropriation by Former Employee and Prospective Purchaser - Breach of fiduciary duty All forms provided by U.S. Legal Forms, Inc.™, (USLF), the nations leading legal forms publisher.
http://lindleylawoffice.com/blog/2017/01/10/twelve-causes-of-action-that-may-accompany-a-breach-of-fiduciary-duty-claim/
Jan 10, 2017 · Occasionally, breach of fiduciary duty claims also give rise to breach of contract claims. To allege a breach of contract claim, the plaintiff must show that (i) a valid contract existed; and (ii) there was a breach of the terms of that contract. It is not always necessary for …
https://www.hollywoodreporter.com/sites/default/files/custom/Aaron/Summons%20and%20Complaint%20-%20Filed%202014-11-05.pdf
Plaintiff designates New York County as the place of trial pursuant to CPLR § 503(a) on the grounds that at least one of the plaintiffs and defendants is situated in New York County and a substantial part of the occurrences at issue took place in New York County.
https://law.justia.com/cases/new-york/appellate-division-second-department/2017/2015-02510.html
In an action, inter alia, to recover damages for conversion, money had and received, and breach of fiduciary duty, the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), entered December 12, 2014, which denied her motion pursuant to CPLR 3211(a)(5) and (a)(7) to …
https://www.law360.com/articles/476839/fiduciary-duties-in-ny-may-not-be-in-the-eyes-of-beholder
Oct 03, 2013 · The elements of a breach of fiduciary duty claim are threefold: a fiduciary duty existed between the parties, defendant breached that duty, and plaintiff was …
https://www.justice.gov/sites/default/files/alaska_complaint_.pdf
Makemson’s negligent breach of her fiduciary duty to Welch. COUNT II: RECKLESS BREACH OF FIDUCIARY DUTY 29. Plaintiff re-alleges the allegations set forth in Paragraphs 1-24 above and incorporates same herein by reference. 30. At all times relevant to this litigation, Defendant Makemson owed Welch a fiduciary duty. 31.
https://www.newyorklitigator.com/
Failing to meet that duty of care can result in a lawsuit arising out of the bank’s negligence. Certain relationships are based on a heightened degree of trust. When a corporate officer breaches a fiduciary duty to a shareholder, for example, a business attorney …
https://www.hallandcompany.com/php_uploads/resources/library/BreachOfFiduciaryDuty.pdf
a design professional is also sued for the breach of a fiduciary duty. A fiduciary duty is, in legal terms, the highest duty of trust and confidence that one person 2 may owe to another. In one often cited New York Court of Appeals case, 3 Justice
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