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https://www.newyorklitigator.com/breach-of-fiduciary-duty.html
One of the benefits of being able to allege a breach of fiduciary duty is that doing so entitles the plaintiff to seek punitive damages. Unlike compensatory damages, which seek to compensate, punitive damages are meant to punish and deter recurrence, and are therefore not limited to the amount of the plaintiff's loss.
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.
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.
https://www.juleshaasattorney.com/breach-of-fiduciary-duty.html
Equitable Remedies in Cases of a Breach of Fiduciary Duty. 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
http://www.classactionsreporter.com/investments/bank-new-york-mellon-breach-fiduciary-duty-trust-class-action
BNY Mellon is the corporate successor to BNY and has “sole discretion to invest the assets of the trust,” the complaint says. It therefore has a fiduciary to the trust. The complaint quotes the New York Prudent Investor Act as saying, “A trustee shall exercise reasonable care,...
https://www.jonathancooperlaw.com/library/is-my-breach-of-fiduciary-duty-claim-too-late-.cfm
As a practical matter, this means that if the primary reason you are suing for breach of a fiduciary duty is to recover money damages, then your claim must be brought within 3 years from the breach; on the other hand, if your claim is primarily seeking equitable relief, such as an injunction, an accounting or the return of confidential company property, then the 6 year statute of limitations will likely apply.
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 · New York courts generally require three baseline elements to state a claim: “(1) a breach by a fiduciary of obligations to another, (2) that the defendant knowingly induced or participated in the breach, and (3) that plaintiff suffered damages as a result of the breach.”
https://www.upcounsel.com/breach-of-fiduciary-duty
Winning a Breach of Fiduciary Duty Complaint. In order to win a breach of fiduciary duty complaint, an individual needs to ensure they have received damages due to the breach and be able to prove the breach. To win a breach of fiduciary duty complaint the plaintiff must prove that the fiduciary (defendant) had duties such as acting good faith, being transparent with pertinent information, and …
https://www.klenklaw.com/practices/trust-and-estate-litigation/breach-of-fiduciary-duty/
Breach of Fiduciary Duty and the Trustee, Breach of Trust. If you are a trust’s beneficiary and believe that the Trustee has committed a Breach of Fiduciary Duty or Breach of Trust, you have the right to retain an Estate Litigation Attorney who will obtain a court order forcing the Trustee to file a full accounting.
https://www.nysar.com/legal/legal-counsel-compendium/index-of-current-new-york-appellate-decisions/c---breach-of-fiduciary-duty
c. breach of fiduciary duty French v. Ahlstrom (204 A.D.2d 861) defendant's counterclaims properly dismissed where defendant claims breach of fiduciary duty to keep business sale confidential; plaintiff's advertising of sale in trade journal is not breach; defendant failed to tender proof to establish connection between blind advertisement and ...
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.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.
https://www.hollywoodreporter.com/sites/default/files/custom/Aaron/Summons%20and%20Complaint%20-%20Filed%202014-11-05.pdf
Plaintiff Patrick Moses is an individual residing in Nassau County, New York. 11. Plaintiff Ventana is a limited liability company formed under the laws of the State of Nevada. 12. Defendant Scott Dunlop is an individual residing, on information and belief, in Orange County, California.
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.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://law.justia.com/cases/new-york/other-courts/2009/2009-52421.html
The elements of a cause of action for breach of fiduciary duty are: (1) the existence of a fiduciary relationship, (2) misconduct by the defendant, and Short form order signed herewith.
https://nycommlit.wordpress.com/2016/04/02/first-department-dismissed-breach-of-fiduciary-duty-complaint/
Apr 02, 2016 · Since there was an express contract, the Court affirmed the dismissal for the cause of action relating to the breach of the implied covenant of good faith and fair dealing. Thus, upon examining the transaction, the Court held that there was no breach of fiduciary duty and dismissed the Plaintiff’s complaint in its entirety.
https://www.pbwt.com/ny-commercial-division-blog/commercial-division-analyzes-choice-of-law-on-an-element-by-element-basis-in-upholding-claim-for-aiding-and-abetting-breach-of-fiduciary-duty/
Aug 08, 2017 · “‘[A] claim for aiding and abetting a breach of fiduciary duty requires: (1) a breach of fiduciary obligations to another, (2) that the defendant knowingly induced or participated in the breach, and (3) that plaintiff suffered damages as a result of the breach.’”
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 …
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