Loyalty is perhaps the quintessential characteristic of a fiduciary relationship. Indeed, someone who occupies the role of a fiduciary is expected to be loyal above all else. For that reason, the phrase “duty of loyalty” is often bandied about in relation to fiduciary-duty claims. In the abstract, merely stating that a fiduciary has a “duty of…
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Ilan Properties, Inc. v. Benishai: Breach of Fiduciary Duty Claims and the Continuing Wrong Doctrine
This blog previously has addressed the statute of limitations, a concept that has special significance for breach of fiduciary duty claims. Whether a fiduciary-duty claim is timely is highly fact-dependent and not always clear-cut. For that reason, plaintiffs’ lawyers often get creative in trying to salvage an otherwise viable fiduciary-duty claim that is on the brink…
Matter of Hersh: Fiduciary Duty Claims and the Statute of Limitations
Regardless of the merits of a plaintiff’s claim, she will be unable to have her day in court if she fails to file suit before the statute of limitations expires. This principle is especially important to breach of fiduciary duty claims, because the statute of limitations governing such claims is elusive and highly dependent on…