J Noland Franz's Legal Cases (2)

Trusts

In the Matter of the ESTATE AND TRUST OF Steve J. PILAFAS, deceased., 172 Ariz. 207 836 P.2d 420

Feb 20, 1992

OUTCOME: The Arizona Court of Appeals, Division 1, found that the trial court erred in determining that decedent effectively revoked his inter vivos trust and reversed the trial court’s decision.

The remainder beneficiaries (appellants) under an inter vivos trust agreement, who were represented by J. Noland Franz and other counsel, appealed the trial court's determination that Steve J. Pilafas ... (decedent) revoked his inter vivos trust. The primary issue on appeal was whether the trial court erred in determining that decedent effectively revoked his inter vivos trust.

Litigation

CHRISTOFFEL v. E. F. HUTTON & COMPANY, INC., 588 F.2d 665

Aug 21, 1978

OUTCOME: The Ninth Circuit Court of Appeals affirmed the district court's grant of summary judgment for E. F. Hutton & Company, Inc.

Christoffel, the guardian of the estate of Lillian Styer, an incompetent, brought an action in the US District Court for the District of Arizona against E. F. Hutton & Company, Inc., who was represente ... d on Appeal by J. Noland Franz, seeking to hold Hutton liable for losses sustained by the incompetent's estate caused by Hutton's former employee, Schwager, who dissipated and misappropriated estate assets while serving as guardian. Christoffel claimed that Hutton was a "controlling person," under section 20(a) of the Securities Exchange Act of 1934 and thus liable for any violations of the Securities Laws by Schwager while he was both guardian and a Hutton employee. Alternatively, Christoffel sought to impose liability on Hutton under the doctrine of respondeat superior.

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