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Case Citations 1 (July 2017 through April 2018)

handle is hein.ali/resect1475 and id is 1 raw text is: TRUSTS 2D Generally W.D.Wash.Bkrtcy.Ct.2017. Cit. generally in sup. In an action brought by trustee of Chapter 7 debtor/nonprofit charity to allow state attorney general's partial claim against debtor for breach of fiduciary duty, this court granted partial summary judgment for trustee, holding that the donated funds at issue were held in trust for public charitable purpose with debtor as trustee, and remanded for an evidentiary hearing as to whether debtor's conduct violated its fiduciary duty and whether board member was a trustee. The court noted that Washington courts looked to the Restatement Second of Trusts as persuasive authority. In re Breast Cancer Prevention Fund, 574 B.R. 193, 216, 218. CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 1. Scope of the Restatement C.A.2, 2017. Com. (b) quot. in case quot. in ftn. Two irrevocable trusts, along with contingent beneficiary of those trusts as well as two revocable trusts established by the same settlor, brought claims for breach of fiduciary duty against the revocable trusts and their trustee. The district court granted defendants' motion to dismiss, finding that plaintiffs failed to demonstrate complete diversity of citizenship for purposes of subject-matter jurisdiction. This court vacated and remanded for further proceedings, explaining that diversity was determined based on the citizenship of the trustees, rather than the beneficiaries, because the trusts were not organized according to state law as distinct juridical entities, but, rather, as traditional trusts that established only fiduciary relationships and were incapable of being haled into court except through their trustees. The court noted that business trusts were viewed differently from traditional common-law trusts under Restatement Second of Trusts § 1. Raymond Loubier Irrevocable Trust v. Loubier, 858 F.3d 719, 726. § 2. Definition of Trust C.A.2, 2017. Cit. in sup., cit. and quot. in ftn. Two irrevocable trusts, along with contingent beneficiary of those trusts as well as two revocable trusts established by the same settlor, brought claims for breach of fiduciary duty against the revocable trusts and their trustee. The district court granted defendants' motion to dismiss, finding that plaintiffs failed to demonstrate complete diversity of citizenship for purposes of subject-matter jurisdiction. This court vacated and remanded for further proceedings, explaining that diversity was determined based on the citizenship of the trustees, rather than the beneficiaries, because the trusts were not organized according to state law as distinct juridical entities, but, rather, as traditional trusts that established only fiduciary relationships and were incapable of being haled into court except through their trustees. The court explained that, under both the Restatement For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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