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Case Citations [i] (Fall 2023)

handle is hein.ali/resect1486 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations TRUSTS 2D CHAPTER 7. THE ADMINISTRATION OF THE TRUST TOPIC 4. REMEDIES OF THE BENEFICIARY AND LIABILITIES OF THE TRUSTEE § 197. Nature of Remedies of Beneficiary Ark.2022. Cit. in case cit. in sup.; com. (b) quot. in sup. (general cite). Municipal employee, who participated in health-benefit fund created by municipal league, brought a putative class action against fund, alleging that defendant breached the agreement entered into between the parties and set forth by defendant's policy booklet when it denied partial coverage for the medical bills of plaintiff's daughter. The trial court granted defendant's motion for summary judgment. This court affirmed, holding, inter alia, that plaintiff's claim failed as a matter of law, because defendant's denial of benefits did not support a claim for breach of contract. Citing Restatement Second of Trusts § 197, the court explained that the policy booklet was an extension of trust terms, plaintiff's claim was more accurately construed as a challenge to defendant's conduct in its capacity as trustee, and the record did not indicate that defendant assumed independent contractual duties that it owed to plaintiff that could form the basis of a claim for breach of contract. Hendrix v. Municipal Health Benefit Fund, 655 S.W.3d 678, 684, 685. § 200. Persons Other Than Beneficiaries C.A.1, 2022. Com. (b) cit. in sup. Employees of service provider for shipping company filed a state- court action against company under the Massachusetts Wage Act, alleging that service provider withheld part of their weekly pay for tax remittance but failed to send the deducted amounts to tax authorities, and that company was liable for service provider's wage theft. After company removed the action, the district court granted its motion to dismiss for lack of standing. This court affirmed in part, holding that the unambiguous text of the tax statutes at issue dictated that only the relevant governments-not employees-suffered an injury when an employer failed to remit wages withheld for taxes to tax authorities. The court noted that its conclusion aligned with traditional principles of trust law, including Restatement Second of Trusts § 200, which provided that neither the settlor of a trust nor the settlor's heirs or personal representatives could maintain a suit against the trustee. Plazzi v. FedEx Ground Package System, Inc., 52 F.4th 1, 6. CHAPTER 9. LIABILITIES OF THIRD PERSONS TOPIC 2. TRANSFEREES OF TRUST PROPERTY COPYRIGHT (2023 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.

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