complaint for breach of fiduciary duty sample

0000009244 00000 n However, in the case of fraud or concealment, plaintiffs receive a separate six-year time period starting from the date of discovery of the fiduciarys breach, regardless of when the breach actually occurred. 46 [727 0 R 728 0 R 729 0 R 730 0 R 731 0 R 732 0 R 733 0 R 734 0 R 735 0 R 736 0 R 45 [711 0 R 712 0 R 713 0 R 714 0 R 715 0 R 716 0 R 717 0 R 718 0 R 719 0 R 720 0 R /StructParents 10 /StructParents 12 -AQmA _@: ;:7IjQ)H#OSg?`rt']NPyEba(2(&4goUw(e^-v9A_EQ8q0sMp#',5'71'kk~y However, the district court cited the majority legal rule, which combines the phrase fraud or concealment into fraudulent concealment. For fraudulent concealment to apply, the fiduciary has to take steps to actively conceal the breach. << 44 0 obj /StructParents 25 /ParentTree 52 0 R /Contents [252 0 R 253 0 R 254 0 R] /Lang (en-US) 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R 35 0 R Will, Advanced 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R << /Parent 2 0 R 13 [403 0 R 404 0 R 405 0 R 406 0 R 407 0 R 408 0 R 409 0 R 410 0 R] 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R] /Tabs /S /Tabs /S Breach of Fiduciary Duty >> /MediaBox [0 0 612 792] /Subtype /Link /Type /Page /Type /Page Name Change, Buy/Sell In Colorado, shareholders have three years to bring a lawsuit once the alleged breach has taken place. 15 [420 0 R 421 0 R 422 0 R 423 0 R 424 0 R 425 0 R 426 0 R 427 0 R 428 0 R] /Group 70 0 R rgY39x#?[ YgLjqUbp~LJ^-Kte,7i>}3#O-~'{|AUg%# /Producer <4D6963726F736F6674AE20576F726420323031363B206D6F646966696564207573696E67206954657874AE20352E352E3920A9323030302D323031352069546578742047726F7570204E5620284147504C2D76657273696F6E29> Instead they narrowly confine the application of the fraud-or-concealment exception, rendering many claims time barred. Agreement to Merge Businesses, Sample Complaint - Breach of Contract - Exploration and Consultant Agreement, Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress, Order Dismissing Case for Want of Prosecution, Breach of Contract to Provide Steel and Work, Motion to Accept the Report of Special Master For a Settlement Conference and Payment and Disbursement of Fees, Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities, Response in Opposition to Defendant's Motion to Transfer Cause, Memorandum Brief in Opposition to Motion to Transfer Cause to Chancery Court, Defendant's Response to Plaintiff's Requests for Admission, Rebuttal Memorandum Brief Supporting Motion to Transfer Cause to Chancery Court, Agreed Order on Appointment of Special Master, Answer and Affirmative Defenses to Complaint, Notice of Service of First Request for Interrogatories and Request for Production of Documents, Application to Confirm Arbitration Award and for Entry of Judgment, Agreed Order of Confirmation of Arbitration Award and Dismissal, Answer and Defenses to Second Amended Complaint, Temporary Restraining Order and Order of the Court, Order of the Court and Preliminary Injunction, Motion to Temporary Restraining Order and Preliminary Injunction, Application for Entry of Default Judgment, Complaint for Breach of Implied Covenant of Good Faith and Fair Dealing, Complaint for Breach of Fiduciary Duty - Trust, Complaint - Trade Secrets - Misappropriation by Former Employee and Prospective Purchaser - Breach of fiduciary duty, Complaint for Breach of Fiduciary Duty - corporation vs individual employee, Sample Complaint for breach of rental agreement, Complaint by Law Firm for Breach of Retainer, Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product, Complaint regarding Defective Auto, Breach of Warranty, Motor Vehicle Warranty Act, and Magnuson Moss Act, Punitive Damages, Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood, Notice of Breach of Warranty of Fitness for a Particular Purpose, Civil Action Case Management Order Pursuant To Rule 5:5-6, Certificate of Licensed Examiner West Virginia Code: Section 27-5-2, 3, 4 and Section 27-5-11, Complaint For Discriminatory Discharge Based Upon Race and Physical Handicap Jury Trial Demand, Complaint For Employment Discrimination Against Casino, Request for Reasonable Accommodation - 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Unofficial form for service with summons in unlawful detainer cases, Claim of Right to Possession - Unofficial form for use by levying officers in unlawful detainer cases, Judgment of Committal of a Chemically Dependent Person for Treatment, Emergency Judgment for Interim Commitment, Complaint for Emergency Commitment of a Chemically Dependent Person for Treatment, Order Setting Cause for Hearing and Committing and Confining Defendant Without Notice to Mississippi Baptist Chemical Dependency Unit, Order for Involuntary Emergency Commitment, Complaint for Judgment of Committal to Hospital, Supreme Court of Appeals of West Virginia Worker's Compensation Docketing Statement, Complaint to Quiet Title by Adverse Possessor with Unknown Defendants, Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club, Complaint Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning, Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor, Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts, Complaint for Amount Due for Work and Labor Done on Open Account Basis - Breach of Oral or Implied Contracts, Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal, Complaint against Nurse and Correctional Institute for Damages for Failure to Give Medication to an Inmate, Complaint and Summons for Balance Due on Credit Card Account, Complaint for Loss of Property Left for Repair, Complaint for Specific Performance to Enforce Settlement and for Punitive Damages, Complaint by Golfer against another Golfer who Struck him in the Eye with a Golf Ball Causing Injury to Eye, Complaint Against Police Officer for Unlawful Arrest, Search, and Incarceration Resulting in Personal Injuries - Police Brutality and Unlawful Detainment, Complaint Against Skating Instructor for Inattentiveness which Resulted in Fall on Ice by Student - Personal Sports Injury, Complaint by a Baseball Game Spectator Struck by Bat Thrown by Player, Complaint by Patron of Public Swimming Pool Injured while Diving due to Improperly Marked Depth Signs - Personal Sports Injury, Complaint for Negligence by Ambulance Company in Dropping Patient While Transferring Patient to Gurney, Complaint for Malicious Prosecution Involving Filing a False Police Report, Complaint against Police Officers and Municipality for False Arrest - Unlawful Detention, Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager, Amended Petition for Concursus by Attorney Seeking Fees, Complaint for Breach of Contract for Failure to Disclose Condition of Property, Complaint for Damages and Fraud for Failure to Disclose Property Condition against Agent, Seller, Broker, Complaint for Declaratory Relief and Damages by Condo Owner against Association, Complaint to Confirm Title and Remove Clouds and Complaint for Slander of Title, Motion for Approval of Compromise and Entry of Judgment Confirming Title, Waiver of Process and Joiner of Request for Relief, Complaint to Correct Warranty Deed and to Remove a Cloud, Requests for Production of Documents and Things, Amended Answer to Complaint to Confirm Title, Brief in Support of Motion for Summary Judgment, Plaintiff's First Set of Interrogatories, Requests for Production of Documents and Things, and Requests for Admissions, Plaintiff's First Set of Interrogatories, Request for Production of Documents and Things, and Request for Admissions, Complaint Against Contractor and Surety for Abandonment of Construction Project, Complaint Against Building Contractor for Failure to Complete Construction, Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner, Complaint for Defective Home Construction, Defective Design, Complaint regarding Subcontractor against contractor and surety, Petition Against Sports Facility Construction, A04 Order Directing Dist. 5 0 obj << 292 0 R 293 0 R 294 0 R 295 0 R 296 0 R 297 0 R 298 0 R 299 0 R 300 0 R 301 0 R Even though the last breach occurred in 2005, the attorney contended that the suit was timely because the company did not discover the claim until 2012. 42 0 obj /Parent 2 0 R 0000007713 00000 n Dismissal of a shareholders breach of fiduciary duty claim against a special purpose investment vehicle (SPAC) and certain of its executives and directors stemming from the defendants alleged issuance of a materially misleading proxy statement in connection with a merger deal is not warranted because the defendants failed to 0000010391 00000 n /Type /Page /Parent 2 0 R /MediaBox [0 0 612 792] /StructParents 26 Complaint 30 0 obj 28 [546 0 R 547 0 R 548 0 R 549 0 R 550 0 R 551 0 R 552 0 R 553 0 R 554 0 R 555 0 R] Burch with a complaint a duty to prove a contractual agreement. 765 0 R 766 0 R 398 0 R 767 0 R 768 0 R 406 0 R 407 0 R 769 0 R 409 0 R 770 0 R Complaint for a Civil Case Alleging Breach of Contract | United States Courts Complaint for a Civil Case Alleging Breach of Contract Download Form (docx, 29.36 KB) Download Form (pdf, 1.01 MB) Form Number: Pro Se 4 Category: Civil Pro Se Forms Effective onDecember 1, 2016 About These Forms In General . /Tabs /S (S or C-Corps), Articles endobj 0000002404 00000 n /MediaBox [0 0 612 792] /F 4 /Tabs /S /StructParents 20 /Contents [217 0 R 218 0 R 219 0 R] Be careful to change the information the form asks for to fit the facts and circumstances of your case. endobj 10 0 obj /Tabs /S endobj /Tabs /S /StructParents 6 396 0 R] However, most of an executors fiduciary duties can be distilled into a few general principles. /Type /Page 0000001671 00000 n 10 [375 0 R 376 0 R 377 0 R 378 0 R 379 0 R 380 0 R 381 0 R 382 0 R 383 0 R 384 0 R 5 [330 0 R 331 0 R 332 0 R 333 0 R 334 0 R 335 0 R 336 0 R 337 0 R 338 0 R] /StructParents 17 Incorporation services, Living Answer, Counterclaims & Third Party Claims - Non /Footer /Sect /Tabs /S /MediaBox [0 0 612 792] endobj BREACH OF FIDUCIARY DUTY CLAIMS - North Carolina 0!v:/Zl5sk+3~/@p,Z]0zUD*)m#xyY M_sKm/n8 -|LPno>"/+i!%@QN0|N#@x_7e2kJ#++ Agreements, Letter >> Agreements, Bill Notes, Premarital /Tabs /S COMPLAINT /MediaBox [0 0 612 792] /StructParents 5 /Parent 2 0 R /Type /Page Objections to Accountings Accountings are financial documents prepared by the executor that outline an estates assets and debts. However, both rules mistakenly inject fraudulent concealment, thereby requiring active concealment of a fiduciary breach. 25 0 obj 0000007346 00000 n /Type /Page Handbook, DUI 0000005478 00000 n /Annots [] /Filter /FlateDecode /Resources 251 0 R << 47 752 0 R] %_qRj4~oC%]cydR0$: &pQTJQZ Mp*.cFFTu" ^GjH2l?;LdY. 0000002991 00000 n /Annots [] 0000002047 00000 n << Forms, Small of Attorney, Personal HWnZS0 {sukc'tNKk0t o.[}(IB@Q$Rp\s yR6ZKb@bJB0|Y [#\&wqF{HMVa>sy>H8d. Webaffirmative defenses to breach of fiduciary duty florida. /Group 210 0 R 35 [610 0 R 611 0 R 612 0 R 613 0 R 614 0 R 615 0 R 616 0 R 617 0 R 618 0 R] 0000002804 00000 n 0000008038 00000 n >> endobj /Marked true /Tabs /S << COMPLAINT - United States Department of Justice 508 0 R 509 0 R] Divorce, Separation 28 0 obj /Type /Page /Annots [] /MediaBox [0 0 612 792] NY lawyer sued after company claims she quiet quit her job Some of the forms, such as the form for a generic complaint, apply to different types of cases. /Resources 216 0 R /Type /Page /Type /Page WebNormally, a plaintiff has three years from actual knowledge of the breach of fiduciary duty to bring suit, but the claim cannot be brought more than six years after the breach occurred. << 629 0 R 630 0 R 631 0 R] >> Order Specials, Start UNITED STATES DISTRICT COURT COMPLAINT Once a probate court has found that an executor breached their fiduciary duty, the court may halt or reverse an executors actions, remove the executor, or order the executor to compensate the estate for its losses. /Type /Page >> /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] breach of fiduciary duty For further discussion on specific duties of a fiduciary broker to the principal, see California Real Estate Brokers: Law and Litigation, 4.39. /Group 270 0 R Form interrogatories for breach of contract 2010 chevy equinox for sale petsmart parvo shot. /Parent 2 0 R /Resources 156 0 R Minutes, Corporate 586 0 R] /StructTreeRoot 3 0 R endobj Planning Pack, Home 41 0 obj /Contents [107 0 R 108 0 R 109 0 R] /Type /Page TABLE OF CONTENTS /Parent 2 0 R /Contents [182 0 R 183 0 R 184 0 R] Agreements, Corporate 642 0 R] /MediaBox [0 0 612 792] Employees contribute a portion of their wages to the fund, and the employer matches their contributions. /Annots [] Appellees filed a motion to dismiss the amended complaint, pursuant to Civ.R. The Court of Chancery held that public SPAC stockholders could bring direct claims for breach of fiduciary duty against a SPAC sponsor and directors involving misleading proxy information regarding a merger, and that standard SPAC structuring may lead to an entire fairness review. /Type /Page /Resources 121 0 R As a result of this silence, the employer or beneficiaries do not discover the claim until years later. 0000088891 00000 n /Contents [167 0 R 168 0 R 169 0 R] /MediaBox [0 0 612 792] >> Sample of Notice: C. Overaa & Co. - Sample Notice.pdf. 4 [327 0 R 328 0 R 329 0 R] Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. /ParentTreeNextKey 48 WebKasowitz Benson Torres, on behalf of investment manager Leap Tide Capital Management, has filed a complaint in the U.S. District Court for the Northern District of California against the former CEO Lori Rafield, CFO Leone Patterson and five of the board members of Diadexus, Inc., a medical diagnostic company that sold its assets in a chapter 7 This Google translation feature is provided for informational purposes only. Corporate & Professional This is a Court Sample and NOT a blank form. << 32 0 obj Agreements, LLC 4 0 obj /MediaBox [0 0 612 792] /Annots [] endobj The fiduciary duty of an executor to act in the best interest of the estate can be a fairly broad duty. /StructParent 2 trailer << /Size 565 /Info 536 0 R /Root 543 0 R /Prev 241292 /ID[<1c1857c933bea2e28edaa7fd182e42ef>] >> startxref 0 %%EOF 543 0 obj << /Type /Catalog /Pages 539 0 R /Metadata 537 0 R /StructTreeRoot 544 0 R /OpenAction [ 545 0 R /XYZ null null null ] /PageMode /UseNone /PageLabels 535 0 R >> endobj 544 0 obj << /Type /StructTreeRoot /ParentTree 533 0 R /ParentTreeNextKey 30 /K [ 127 0 R ] >> endobj 563 0 obj << /S 556 /L 627 /C 643 /Filter /FlateDecode /Length 564 0 R >> stream Complaint /Length 827 0 R Though the trustee did not engagein fraudulent concealment under either rule, the minority rule could still possibly allow the plaintiff to bring the claim six years from discovery if the trustees actions constituted fraud. /Parent 2 0 R 1 0 obj 809 0 R 810 0 R 691 0 R 692 0 R 811 0 R 812 0 R 702 0 R 813 0 R 707 0 R 814 0 R The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. A partner owes a fiduciary duty to their partners as well as to the partnership. /Resources 261 0 R cju" a@C]Scwq:T_LP{: S?UHU",r 8BFlY /Tabs /S WebCOUNT I: NEGLIGENT BREACH OF FIDUCIARY DUTY 25. 15. /Artifact /Sect endobj /Type /Page endobj /Contents [127 0 R 128 0 R 129 0 R] 0000025738 00000 n 3Ao@c4B#8&tSZS#}ytfiN@Xh[XZ. /MediaBox [0 0 612 792] << /Type /Catalog endobj Courts simply ignore that, as recognized at common law, the trust relationship lends itself to secrecy and concealment on the part of a trustee, and a fiduciarys silence effectively hides the breach. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Business Packages, Construction 33 [596 0 R 597 0 R 598 0 R 599 0 R 600 0 R 601 0 R] WebCommon Examples of Breaches of Fiduciary Duty in Probate Litigation If you are an heir, beneficiary, or ward, then you should be concerned about the possibility that there has been a breach of the fiduciary duty if the following occurs: You suspect the trustee, guardian, or personal representative is self-dealing. /Tabs /S /Annots [] WebThe Commissioner brings this action seeking damages caused by Defendants breach of contract and fiduciary duty and to request necessary equitable and ancillary relief. /Type /Page /Rect [71.8000030518 672 237.3200073242 684] ( Pub. No active concealment is required. breach of fiduciary duty COMPLAINT 26 0 obj 0000005801 00000 n << an LLC, Incorporate ERISA fiduciaries can also be liable under 502(a) for engaging in certain types of Florida Breach of Fiduciary Duty endobj /Group 170 0 R 17 [437 0 R 438 0 R 439 0 R 440 0 R 441 0 R 442 0 R 443 0 R 444 0 R 445 0 R 446 0 R] 33 0 obj Templates, Name 0\kD]Np)v9?q0oDE9+RAq0v_{AWvLnSE@L5u>da8<3pi0:R(|D\}i>wwgXqG[l!]zX 1 319 0 R 2 320 0 R 3 [321 0 R 322 0 R 323 0 R 324 0 R 325 0 R 326 0 R] Forms 10/10, Features Set 10/10, Ease of Use 10/10, Customer Service 10/10. 39 0 obj 542 0 obj << /Linearized 1 /O 545 /H [ 1106 587 ] /L 252262 /E 116767 /N 29 /T 241303 >> endobj xref 542 23 0000000016 00000 n /Group 281 0 R Common examples of breach of fiduciary duty: Self-dealing or conflict of interest. 21 [474 0 R 475 0 R 476 0 R 477 0 R 478 0 R 479 0 R 480 0 R 481 0 R 482 0 R 483 0 R This Standard Clause contains integrated Web12. /Tabs /S 518 0 R 519 0 R 785 0 R 786 0 R 787 0 R 542 0 R 543 0 R 788 0 R 789 0 R 548 0 R >> 0000001869 00000 n /Type /Page /Group 275 0 R endobj 15 0 obj /Type /Page >> of Business, Corporate For example, an executor-beneficiary who sold an estates property to themselves for a steep discount may have violated their fiduciary duty to protect the estates value and to not give themselves or any other beneficiary preferential treatment. Ff8EEtW52D;1J:x{pm@d1("l^$>;&ktAM^g4O3{`rOOLa /Tabs /S /StructParent 1 endobj 0000004886 00000 n /Contents [172 0 R 173 0 R 174 0 R] /Annots [] endobj << II. Dismissal of a shareholders breach of fiduciary duty claim against a special purpose investment vehicle (SPAC) and certain of its executives and directors stemming from the defendants alleged issuance of a materially misleading proxy statement in connection with a merger deal is not warranted because the defendants failed to /Tabs /S >> /K [753 0 R 321 0 R 322 0 R 323 0 R 754 0 R 755 0 R 756 0 R 332 0 R 757 0 R 335 0 R /Annots [] & Resolutions, Corporate Business. << /Annots [] /InlineShape /Sect & prof. code 17200 et seq. /Contents [117 0 R 118 0 R 119 0 R] /Resources 206 0 R Breach of Fiduciary Duty: Interrogatories to Defendant An executor may also violate their fiduciary duty simply by failing to take any action. This means that if an executor does not act in the best /Tabs /S /StructParents 14 The majority rule fuses the exception into the single term fraudulent concealment, and the minority rule interprets the phrase as fraud or [fraudulent] concealment (alteration in original). /Contents [102 0 R 103 0 R 104 0 R] D-ESpuCHrR4T\e:g9f{/"86)Pg"tl@?`Ji]zW zDb-s]VSa"= =xNDno}Gjh>-n-o|L&_ y&+}"?g:3%# /Resources 126 0 R /Annots [] 1 0 obj stream Web grabar law office files stockholder derivative complaint for breach of fiduciary duty against officers and directors of cleanspark, inc. One Liberty Place 1650 Market Street Fiduciary Duty >> >> >> endobj endobj The University of Chicago >> trailer This lawsuit follows. /Type /Page /Type /Page /Annots [] /Contents [202 0 R 203 0 R 204 0 R] >> /Resources 241 0 R Then in 2012, seven years after the last fraudulent transaction, the company considered modifying the benefit plan and uncovered the trustees wrongdoing. /Annots [] endobj /Tabs /S 0000026221 00000 n Unfortunately for the company, the trustees mere silence did not constitute an active step to hide the breach, so the district court dismissed the complaint as time barred. /Group 125 0 R /Group 110 0 R >> /Contents [247 0 R 248 0 R 249 0 R] /Group 225 0 R /Contents [257 0 R 258 0 R 259 0 R] WebComplaint for Breach of Implied Covenant of Good Faith and Fair Dealing - Category: Civil Actions_Breach of Covenant Breach of Fiduciary Sample Interrogatories To Plaintiff Personal Injury Complaint for Breach of Fiduciary Duty - Trust - Category: Civil Actions_Breach of Fiduciary Duty Complaint - Trade Secrets - Misappropriation by 30 [568 0 R 569 0 R 570 0 R 571 0 R 572 0 R 573 0 R 574 0 R 575 0 R] /Annots [] endobj ~W|O ~} cG+^= nT Service, Contact Lexis Legal News takes your privacy seriously. /Resources 236 0 R /Type /Page The company brought suit in early 2013, seeking to disgorge the trustee and stockbroker of their profits and restore that money directly to the plan. /Contents [152 0 R 153 0 R 154 0 R] The amount in controversy exceeds the jurisdictional minimum of this Court. 39 [655 0 R 656 0 R 657 0 R 658 0 R 659 0 R 660 0 R 661 0 R 662 0 R 663 0 R 664 0 R] /Macrosheet /Part 0000065700 00000 n 0000001106 00000 n endobj We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Breach Center, Small /Contents [67 0 R 68 0 R 69 0 R] Form interrogatories for breach of contract 2010 chevy equinox for sale petsmart parvo shot. /StructParents 33 Complaint /Resources 246 0 R /Resources 176 0 R >> 0 << /MediaBox [0 0 612 792] The complaint alleged breach of contract and breach of fiduciary duty, among other claims, and sought injunctive and declaratory relief. /MediaBox [0 0 612 792] % 710 0 R] An independent audit discovered the stockbrokers asset churning, and the company discovered the trustees foul play by scouring its email and phone records. /Contents [232 0 R 233 0 R 234 0 R] /Resources 181 0 R << BREACH OF FIDUCIARY DUTY Estates, Forms endobj << /Resources 171 0 R Corporations, 50% Breach of Fiduciary Duty The majority rule mistakenly fuses two terms into one, while the minority rule correctly leaves fraud in the statute. /Resources 271 0 R packages, Easy Mixing estate assets with an executors personal assets, such as depositing income from an estates rental property into the executors personal bank account, may also be a violation of the executors fiduciary duty. These courts interpretations ignore the body of law upon which ERISA is based, the common law of trusts. << Cq=&G0 g9hxpU+g3/`(k,zL790 gJq ^$ ^$ ^y h90 gXk,zLEAI8E+gs/` services, For Small Webfirst amended complaint for breach of erisa fiduciary duty, injunctive relief, co-fiduciary liability, writ of attachment, and common law fraud, professional negligence, negligent