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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/rettgp2421 and id is 1 raw text is: TRUSTS 3D PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS § 1. Scope of This Restatement C.A.9, 2015. Com. (b) cit. and quot. in ftn. Retired firefighter brought an action against, among others, manager of an employee-welfare-benefit plan, alleging that defendant breached its fiduciary duties under ERISA in its management and administration of the plan. The district court granted in part defendant's motion for summary judgment. Affirming in part, this court held that defendant did not violate ERISA's hold-in-trust requirement, because all assets of the plan were held in trust by defendant as trustee. The court, citing Restatement Third of Trusts § 1, distinguished a common-law trust, which was present here, from a business trust, pointing out that business trusts were usually governed by rules applicable to that form of business. Barboza v. California Ass'n of Professional Firefighters, 782 F.3d 1072, 1078. § 2. Definition of Trust C.A.8, 2015. Com. (i) quot. in sup. Car-accident victim who suffered a traumatic brain injury challenged the Social Security Administration's decision to terminate her Supplemental Security Income (SSI) payments following her receipt of a personal-injury settlement, alleging that the proceeds of the settlement were placed in a special-needs trust created by her parents for her benefit that was exempt from being counted against the SSI-eligibility limit. The district court affirmed, finding that the trust did not qualify as a special-needs trust, because victim's parents were acting as her agents pursuant to a durable power of attorney when they established the trust and funded it with the settlement proceeds. The court rejected victim's argument that her parents acted only in their individual capacities when establishing the trust, noting that, under Restatement Third of Trusts § 2, establishing a trust required more than the execution of trust documents. The court explained that when, as here, a trust was formed with an initial, existing res, someone with a legal interest in the entire res had to be involved in the trust's creation in order for the trust to be valid, and victim's parents had no interest in the settlement proceeds, which they held only in their capacity as her agents under the power of attorney. Draper v. Colvin, 779 F.3d 556, 563. C.A.9, 2015. Quot. in sup.; com. (a) quot. in sup. Retired firefighter brought an action against, among others, manager of an employee-welfare-benefit plan, alleging that defendant breached its fiduciary duties under ERISA in its management and administration of the plan. The district court granted in part defendant's motion for summary judgment. Affirming in part, this court held that defendant did not violate ERISA's hold-in-trust requirement, because all assets of the plan were held in trust by defendant as trustee. In reaching its decision, the court cited Restatement Third of Trusts § 2 for the definition of a trust, and reasoned that, in this case, a trust existed because the plan required defendant to hold legal ) JUuw For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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