Legal Articles

Permissive Counterclaims

As a plaintiff, it is a good rule of thumb to expect a defendant to file a counter-lawsuit. Strategically, defendants employ counterclaims to put a plaintiff on the defensive and create risk for the plaintiff. Substantively, a counterclaim sometimes must be asserted or else it is lost/waived. Rule 55.32(a) requires a defendant to assert, as…

Power of Attorney Litigation, Attorney Fees

Power of attorney litigation often occurs in conjunction with trust litigation. While there are similarities between the fiduciary duties of a trustee and attorney-in-fact, there are different statutory regimes and differing duties. As a general matter, a trustee’s fiduciary duties are more stringent and comprehensive than the duties of an attorney-in-fact. Significantly, the power of…

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