About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/resect1485 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations TRUSTS 2D Generally C.A.8, 2022. Cit. generally in sup. After a worker was injured in an iron ore mine and the Secretary of Labor obtained civil penalties against mine operator for, among other things, recklessly disregarding mandatory maintenance standards in violation of a federal statute, this court denied operator's petition for review. In making its decision, the court found that the Secretary of Labor's definition of recklessness, which was adopted from Restatement Second of Torts § 500, was reasonable and aligned with the purpose of the statute, noting that federal courts had previously looked to other sections of the Restatement Second, including the Restatement Second of Agency, the Restatement Second of Contracts, and the Restatement Second of Trusts. Northshore Mining Company v. Secretary of Labor, 46 F.4th 718, 731. Cal.App.2022. Cit. generally in disc. Regional group that belonged to a worldwide organization for recovering drug addicts sued trustee of a revocable charitable trust that controlled organization's intellectual property assets, seeking, among other things, to remove trustee based on alleged breaches of fiduciary duties. The trial court sustained trustee's demurrer without leave to amend, finding that group lacked standing. Affirming, this court held, as a matter of law, that group was not a settlor of the trust with standing to sue. In making its decision, the court cited cases relying on the Restatement Second of Trusts and noted that the California Supreme Court had adopted a common-law approach and made the Restatement Second of Trusts a part of California trust law. Autonomous Region of Narcotics Anonymous v. Narcotics Anonymous World Services, Inc., 292 Cal.Rptr.3d 851, 857. CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 1. Scope of the Restatement D.Colo.Bkrtcy.Ct.2022. Com. (b) cit. in disc. After spendthrift trust filed for Chapter 11 bankruptcy relief, secured creditor filed a motion to dismiss, alleging that debtor was not eligible for federal bankruptcy relief. This court granted secured creditor's motion to dismiss, holding that debtor was not a business trust such that it qualified for Chapter 11 relief, because the terms of the trust agreement creating debtor made no mention of business activities, and debtor's sole activity was maintaining a residential home for trust beneficiaries to live in without paying rent and taxes, which did not constitute COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most