The general rule (i.e., the “American Rule”) is that a party to a lawsuit cannot recover attorney fees. This is true even if the party wins the lawsuit. A narrow exception to this rule is the common fund exception. Under this common fund exception to the American Rule, a litigant may recover attorney fees where…
Legal Articles
Calculating Damage for Breach of Trust Claims
A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. Section 456.10-1001.1 RSMo; Weldon Revocable Trust v. Weldon, 231 S.W.3d 158, 179 (Mo. Ct. App. 2007). Assuming a beneficiary is able to establish a breach of trust, the measure of damage is a different analysis. Generally,…
Trust Litigation: Breach of Fiduciary Duty, Breach of Trust
Trustees are fiduciaries who must act in the best interests of the beneficiaries. To win on a claim of breach of fiduciary duty or trust, a plaintiff needs to prove that there is a (1) fiduciary duty, (2) a breach of that duty, (3) causation and (4) harm/damages. Matter of Wilma G. James Trust, 487…