About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


Case Citations [i] (Spring 2026)

handle is hein.ali/resect1491 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2026 Citations TRUSTS 2D Generally C.A.7, 2025. Cit. in case cit. generally in sup. Employee benefit fund governed by ERISA sued limited- liability company that agreed to contribute to the fund and company's sole principal, seeking to hold principal liable for company's failure to make contributions to the fund, alleging that principal had signed the agreement in his representative capacity in addition to signing a provision that held all officers of company personally liable for underpayment. The district court granted fund's motion for summary judgment, reasoning that the personal-liability clause in the agreement demonstrated principal's intent to be bound by the agreement's terms. This court reversed and remanded, holding that general principles of contract law indicated there was ambiguity as to principal's intent to be personally bound. The court noted that it sometimes looked to general common-law principles when determining issues on which ERISA had no governing law, such as those set forth in the Restatement Second of Trusts. Railroad Maintenance and Industrial Health and Welfare Fund v. Mahoney, 144 F.4th 957, 962. CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 2. Definition of Trust S.D.Ohio Bkrtcy.Ct.2025. Com. (b) cit. in case quot. in sup. United States Trustee moved to dismiss Chapter 11 reorganization proceedings for debtor that held title to seven residential rental properties, or to convert debtor's case to a Chapter 7 liquidation proceeding, alleging, among other things, that debtor had filed late, inaccurate, and incomplete monthly operating reports for nearly a year. This court granted trustee's motion to convert the case to Chapter 7, holding that the Trustee had established cause for the conversion on the ground that debtor failed to carry out its basic fiduciary duties by not only filing non- compliant reports, but also by failing to take steps to correct the deficiencies and make accurate disclosures. The court explained that the duties of a debtor-in-possession were fiduciary in nature, and that, under Restatement Second of Trusts § 2, fiduciary duties were particularly serious and important COPYRIGHT C2026 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.