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Case Citations [1] (Spring 2025)

handle is hein.ali/relat1029 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 1. Scope of the Restatement D.Colo.Bkrtcy.Ct.2024. Com. (b) quot. in disc. A spendthrift trust filed a petition for relief under Chapter 11 of the Bankruptcy Code, seeking to avoid attempts by its secured creditors to foreclose on a luxury property that was the trust's primary asset and where the trust's sole beneficiary resided. This court granted creditors' motion to dismiss, holding that the trust was not a business trust that was entitled to bankruptcy protection, because, as a trust primarily intended to maintain the lifestyle of its individual beneficiary, it had no centralized management, it was not made for a business purpose, and its interests were not transferable without affecting the continuity of the enterprise. The court noted that, while Restatement First of Trusts § 1 defined the term trust, it did not address the term business trust except to specify that business trusts were excluded from its purview. In re Tiel Trust I FBO Paula T. Douglass, 656 B.R. 810, 835. CHAPTER 2. THE CREATION OF A TRUST TOPIC 10. THE REQUIREMENT OF A WRITTEN MEMORANDUM § 44. Effect of Failure of Oral Trust for the Settlor Pa.2024. Com. (c) cit. in case quot. in disc. In an action filed by a former employee against a former supervisor for tortiously interfering with her at-will employment contract with her former employer, this court held, as a matter of first impression, that Pennsylvania law did not bar a claim for intentional interference with an existing at-will employment contract under Restatement Second of Torts § 766, reasoning that recognition of such claims was consistent with the nature of the tort and Pennsylvania law. In making its decision, the court cited a prior decision that discussed Restatement First of Trusts § COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.