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Case Citations [1] (Fall 2024)

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                             THE AMERICAN


                             LAW INSTITUTE



                                      Fall 2024 Citations



                                      TRUSTS



                   CHAPTER 7. THE ADMINISTRATION OF THE TRUST

                            TOPIC   2. DUTIES  OF THE   TRUSTEE

§ 174. Duty to Exercise Reasonable Care and Skill

D.Conn.2023.  Cit. in sup. Participants and beneficiaries in university's retirement account plan filed a
proposed class action against, among others, university and committee responsible for overseeing the
plan, alleging that defendants violated the Employment Retirement Income Security Act by breaching
their fiduciary duties of prudence and loyalty, and seeking to hold defendants personally liable for losses
to the plan resulting from defendants' breach. This court denied defendants' motion to strike plaintiffs'
jury demand, holding that the relief sought by plaintiffs was legal in nature, which weighed in favor of
the right to a jury trial. The court explained that, although claims for breach of fiduciary duty were
historically within the jurisdiction of equity courts under Restatement First of Trusts § 174, when a
legal claim was joined with an equitable claim, the right to jury trial on the legal claim, including all
issues common to both claims, remained intact. Vellali v. Yale University, 662 F.Supp.3d 238, 241.

















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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.