Daniel M. Fitzpatrick's Legal Cases (2)

Trusts

Howard et al v. Cassity, et al, US District Court, Eastern District of Missouri (Case No. 4:09CV01252 ERW)

N/A

OUTCOME: Earlier jury award reduced by 75%

Four-week bench trial in equity on remand from the US Court of Appeals for the Eighth Circuit on appeal of a jury award against defendant successor-in-interest trustee bank on grounds of tort and breac ... h of fiduciary duty in connection with a fraudulent multi-state pre-need funeral contract scheme operating from 1998-2004. Served as expert witness for the defense on fiduciary and trust matters. Wrote expert report and testified twice on deposition and for a full day at trial.

Trusts

Lindie L. Banks et al v. Northern Trust Corporation, US District Court, Central District of California (Case No. 16-cv-09141)

N/A

OUTCOME: Class certification was denied and case dismissed on motion for summary judgment.

Class action suit alleging breach of fiduciary duties by corporate trustee arising from its practice of charging separate trust tax preparation fees. Served as expert witness for the defense on fiduci ... ary and trust matters. Wrote a declaration in support of defendant's motion to deny class certification, testified on deposition, and wrote an expert report in support of defendant's summary judgment motion to dismiss.

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