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Case Citations [1] (Spring 2024)

handle is hein.ali/rettgp2437 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations TRUSTS 3D Generally Ct.Fed.Cl.2023. Cit. generally in disc. Self-administered, self-insured group health plans sued the federal government, seeking to recover amounts that were allegedly collected illegally from benefit trust that funded the plans under the Affordable Care Act's Transitional Reinsurance Program (TRP) for three years, because implementation of the TRP amounted to a taking under the Fifth Amendment such that plaintiffs were owed just compensation for their mandatory contributions into the program. This court granted defendant's motion for partial summary judgment, holding that plaintiffs did not possess a cognizable, compensable property interest under the takings clause. The court rejected plaintiffs' argument that, based on principles set forth by the Restatement Third of Trusts, a sum of money paid from a trust account was itself a specific fund in which they had a compensable property interest, because here, defendant did not appropriate the trust funds in their entirety, but instead were paid an amount based on an annually calculated sum. Electrical Welfare Trust Fund v. United States, 166 Fed.Cl. 709, 719. Minn.App.2023. Cit. generally in ftn. Minnesota Attorney General's Office filed a petition to remove trustees of a charitable trust, alleging that trustees breached their fiduciary duties by, among other things, abusing their grantmaking power. After a bench trial, the trial court granted the Attorney General's petition to remove one trustee, finding that that trustee abused his grantmaking power by engaging in hostile and abusive interactions with the CEO of a longtime beneficiary of the trust, which led to the beneficiary returning its grant funds and severing its relationship with the trust. Affirming, this court, relying in part on the Restatement Third of Trusts, held that the trial court did not abuse its discretion when it found that the trustee's abuse of grantmaking power violated the duty of loyalty and constituted a breach of trust that warranted removal. The court noted that Minnesota courts had cited to the Restatement Third of Trusts as persuasive authority. Matter of Otto Bremer Trust, 984 N.W.2d 888, 898. PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS COPYRIGHT (2024 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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