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Appeals & Motions List released on:November 21, 2023
Decision & Orders on Motions decided on:September 8, 2023
Supreme Court Determines Breach of Fiduciary Duty Claims Against Trustee Survive Summary Judgment
"Because the trial court incorrectly concluded that the defendant had no duty to protect and collect potential trust assets, such as the undistributed residuary assets at issue in this case, the court did not consider whether the plaintiffs adduced sufficient evidence to survive summary judgment on the issue of the defendant's alleged breach of her fiduciary duty," the opinion said. "Our review of the record reveals that genuine issues of material fact exist with respect to the allegations of the defendant's breach of fiduciary duty in the present case."Litigants Plan to Donate Any Award From Wrongful-Death Lawsuit
"One of the biggest tragedies is when a parent loses a child, and in this case, these are parents who did everything they could," Ernie Teitell, one of the attorneys for the plaintiff, said. "They don't want this to happen to another family."Motion to Amend Compliant Granted; Defendants Would Not Be Prejudiced
See Who Passed the July 2023 New York Bar Exam
Of the 9,779 candidates who took the most recent bar exam, 6,481 passed for an overall passing rate of 66%.Appeals & Motions List released on:October 17, 2023
Motion List, Scheduling Orders & Order on Application released on:October 10 & 11, 2023
Failure to Register Rent Stabilized Building With DHCR Defeats Eviction Proceeding
Concluding that a litigant does not have a cognizable property interest in abandoned property, the court dismissed plaintiff's complaint challenging the constitutionality of Delaware's Abandoned and Unclaimed Property Law. In addition, the court dismissed the complaint on ripeness grounds concluding that because the questions of whether plaintiff would actually make a claim on the property and be able to sufficiently demonstrate his ownership rights were unanswered, the parties' interests were not sufficiently adverse to give rise to
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