Tuesday, August 5, 2014
The strategy of bringing multiple lawsuits against a fiduciary in multiple courts simultaneously is a common strategy, but often unsuccessful when the subject of the suit is a trust. The United States Sixth Circuit Court of Appeals recently ruled on whether this strategy can used in trust administration cases.
In Cartwright v. Garner, the court held that if the case is regarding trust administration then the first court to the case gets it, but if the case is a tort case involving a trustee then the strategy of multiple court lawsuits may be used.
See Luke Lantta, Multiple Simultaneous Suits Over the Same Trust?, Bryan Cave, July 31, 2014.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.