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Federal Court Holds That Trust Beneficiaries’ Claims Against Brokerage Firm Should Not Be Compelled To Arbitration

By David Fowler Johnson on May 11, 2019
Posted in Items of Interest

In Freeman v. Fid. Brokerage Servs., LLC, the mother of the plaintiffs executed a living trust agreement. No 3:18-CV-0947-G, 2019 U.S. Dist. LEXIS 34694 (N.D. Tex. March 5, 2019). Upon her death, the trust agreement directed that the trust assets were to be divided and allocated into trusts for…

An Estate Had No Breach of Contract Claim Against A Bank Arising From A Joint Account Where The Estate Was Not Damaged

By David Fowler Johnson on October 30, 2015
Posted in Cases Decided, Texas Supreme Court

In Bank of America, N.A. v. Eisenhauer, a husband and wife set up a certificate of deposit account with a bank where the account was a survivorship account and also had payable on death beneficiaries. No 14-0486-CV, 2015 Tex. LEXIS 1005 (Tex. October 30, 2015). So, after one spouse…

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The Fiduciary Litigator provides important legal news, updates on recently decided and pending case precedent, and commentary to directors, officers, managers, in-house counsel, and other legal officers who serve the financial services industry.

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