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Case Citations [1] (July 2017 through August 2018)

handle is hein.ali/resect1476 and id is 1 raw text is: TRUSTS 2D Generally C.A.5, 2018. Cit. generally in diss. op. In an ERISA action brought by patient against group-health-plan insurer and administrator that denied as medically unnecessary a claim for benefits, on rehearing en banc, this court vacated and remanded the district court's entry of summary judgment for defendant, holding that the appropriate standard of review for an administrator's denial of a claim based on a factual determination was de novo. In arguing that the applicable standard was abuse of discretion, the dissent relied on the Restatement Second of Trusts, explaining that it was the current version of the Restatement when ERISA was enacted. Ariana M. v. Humana Health Plan of Texas, Incorporated, 884 F.3d 246, 265. C.A.9, 2018. Cit. generally in diss. op. and in ftn. to diss. op. In an action brought by growers against financial company that had purchased accounts receivable of distributor that had failed to pay growers, on rehearing en banc, this court reversed and remanded the district court's entry of summary judgment for defendant, holding that a threshold true-sale inquiry had to determine whether or not the assets in the PACA trust that were transferred in transactions labeled sales remained assets of the trust. The dissent explained that California trust law was derived from the Restatement Second of Trusts, and, because the Restatement Second had been superseded by the Restatement Third of Trusts, the court could look to the Restatement Third for guidance. S & H Packing & Sales Co., Inc. v. Tanimura Distributing, Inc., 883 F.3d 797, 815. D.N.J.Bkrtcy.Ct.2017. Cit. generally in disc. Company that was assigned wholesale produce supplier's debt, which arose from a statutory trust created by the Perishable Agricultural Commodities Act (PACA) by merchant's re-sale of produce purchased from supplier, filed a claim against merchant's owner, who had petitioned for Chapter 7 bankruptcy, seeking a determination of the nondischargeability of the debt for fraud or defalcation while acting in a fiduciary capacity. This court held that the assignment of the supplier's claim and interest in the trust was valid and permissible, and that defendant intentionally or recklessly disregarded his fiduciary obligations arising from the PACA trust by using sale proceeds to pay other business expenses. The court noted that, when analyzing PACA, courts have looked to the Restatement Second of Trusts for general principles of trust law. In re Guarracino, 575 B.R. 298, 310. CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 2. DISTINCTIONS § 8. Trust and Agency Tenn.2017. Cit. in sup. Trust beneficiary's guardian brought an action against investment broker and trustee who had executed a client agreement that included an arbitration agreement with broker, alleging, inter alia, that trust funds were used in ways that did not benefit beneficiary, and that broker For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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