This blog often addresses the statute of limitations for breach of fiduciary duty claims (see here and here, for example). Which limitations period applies to a breach of fiduciary duty claim is a frequently recurring issue. This is because there is no single statute of limitations for fiduciary-duty claims, but three distinct possibilities: Jadidian v.…
All posts tagged Meyer Suozzi English and Klein
Lin v. Lau:
Fiduciary Duties and Attorney Malpractice
An archetypal fiduciary relationship is that between attorney and client, and the handling of client funds is a potential hornets’ nest of fiduciary-duty liability for attorneys. In Lin v. Lau, 210 A.D.3d 817 (2d Dep’t 2022), the Appellate Division, Second Department, refused to dismiss a lawsuit against an attorney arising from the attorney’s alleged mishandling…
Neurological Surgery, P.C. v. MLMIC Ins. Co.: When Being a Policy Holder Is Not Enough to Impose Fiduciary Duties on An Insurance Company
In certain situations, an insurance company owes its policyholders fiduciary duties. Specifically, when an insured calls upon its carrier to defend it in a lawsuit, the carrier generally will owe fiduciary duties to the insured. But in other scenarios, policyholders face an uphill battle in proving that they have the requisite “special relationship” with their…
Mohinani v. Charney:
Revisiting Derivative Claims and Damages in Real-Estate Investment Disputes
It is somewhat rare for a business dispute to be litigated all the way through trial. Protracted litigation is costly, time-consuming, and unpredictable. When that does happen, however, the results can be illuminating—especially when the trial court’s decision is upheld on appeal. That is what happened in the recent decision of the Appellate Division, First Department,…