The forum non conveniens doctrine allows a court to defer its jurisdiction where principles of justice and convenience favor the action being brought in another forum. In a recent federal probate dispute involving a billionaire's global assets and the imposition of foreign law, a federal district court dismissed the dispute on forum non conveniens grounds.
A recent federal case holds that the personal representative of an estate cannot waive the attorney-client privilege between a guardian and the guardian's attorney.
The Racketeer Influence and Corrupt Organizations Act ("RICO") can be used as a civil remedy in instances of a pattern of significant criminal activity. RICO provides for treble damages. The Court of Appeals for the Second Circuit recently ruled that RICO claims can be brought in connection with unlawful activities by an executor or personal representative, in connection with the estate of the father and financial backer of noted fashion designer Vera Wang.
Trust Beneficiaries Not Indispensable Party in Trust Lawsuit Under Federal Rule of Civil Procedure 19
The lawyers of Clark Skatoff recently prevailed in motion practice on a Federal indispensable party issue in a trust dispute. The plaintiff, represented by Jeffrey Skatoff, sued to invalidate a trust.
A Federal court is permitted to hear an inheritance dispute, so long as the case does not run afoul of the probate exception, the Younger Abstention Doctrine, and the Colorado River Abstention Doctrine.
Can a court, carrying out the terms of a will, control the disposition of a non-probate asset? A recent federal case explains that non-probate assets are not controlled by the terms of a will, even if the will explicitly attempts to dispose of the asset. Instead, if the non probate asset has a beneficiary designation, that beneficiary designation will control the disposition of the asset.