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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/resect1474 and id is 1 raw text is: TRUSTS 2D Generally D.N.M.2016. Cit. generally in disc. In a dispute related to a statutory trust created under the Perishable Agricultural Commodities Act, the court noted that the United States Circuit Courts of Appeal had uniformly held that the interpretation of trust interests under the Act was guided by general trust principles, and that, even after the adoption of the New Mexico Uniform Trust Code, New Mexico courts continued to rely on the Restatements of Trusts, which presented an orderly statement of the common law of the United States, to inform their interpretation of trust law. Skyline Potato Company, Inc. v. Hi-Land Potato Company, Inc., 188 F.Supp.3d 1097, 1149-1152. CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 2. Definition of Trust C.A.D.C.2016. Cit. in sup., cit. in case cit. in sup., quot. in ftn. Purported attorney-in-fact for decedent's wife, a citizen of Taiwan, brought an action against beneficiary of decedent's trust, a citizen of the District of Columbia and Delaware, and against trustee, a citizen of Virginia and D.C., seeking to account for and recover wife's share of the marital estate that was allegedly transferred to the trust. The district court granted defendants' motion to dismiss for lack of diversity. This court reversed and remanded, holding that complete diversity of citizenship existed because the trust was a traditional trust that carried the citizenship of its trustees for purpose of diversity jurisdiction. The court noted that U.S. Supreme Court and D.C. caselaw looked to Restatement Second of Trusts § 2, and, applying § 2 here, determined that decedent's trust was a traditional trust under D.C. law, because the trust could not sue and be sued as an entity under D.C. law. Wang by and through Wong v. New Mighty U.S. Trust, 843 F.3d 487, 495. § 4. Terms of the Trust D.Or.2016. Com. (d) quot. in case quot. in sup. Participant in a long-term disability plan provided by his employer brought an ERISA action against plan administrator, challenging defendant's decision to terminate his long-term disability insurance benefits after two years pursuant to a mental-illness limitation contained in the plan. Following a bench trial, this court entered judgment for plaintiff, holding that the two-year limitation on disability benefits did not apply, because, even if plaintiff's anxiety and depression were considered mental illnesses, he also suffered from Asperger's disorder, which was exempt from the definition of mental illness under the plan. The court noted that, under Restatement Second of Trusts § 4, the terms in ERISA trust agreements were construed like any contractual provision, and that the doctrine of contra preferentum required the court to construe AumL For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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