WITZMAN v. LEHRMAN, LEHRMAN & FLOM

No. C6-98-555.

601 N.W.2d 179 (1999)

Joyce WITZMAN, Respondent, v. LEHRMAN, LEHRMAN & FLOM, et al., petitioners, Appellants.

Supreme Court of Minnesota.

August 12, 1999.


Attorney(s) appearing for the Case

William M. Hart, Bradley M. Jones, Mark A. Bloomquist, Jenneane L. Jansen, Meagher & Geer, P.L.L.P., Minneapolis, for appellants.

John F. Bonner, III, Amy E. Dawson, Malkerson Gilliland Martin L.L.P., Minneapolis, for respondent.

Louis A. Craco, Colin F. Bell, Willkie Farr & Gallagher, Richard I. Miller, General Counsel, American Institute of Certified Public Accountants, New York City, Charles E. Lundberg, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for amicus curiae The American Institute of Certified Public Accountants.

Jeffrey J. Lindquist, Pustorino, Tilton & Parrington, P.A., Minneapolis, for amicus curiae Minnesota Defense Lawyers Association.

Heard, considered, and decided by the court en banc.


OPINION

PAUL H. ANDERSON, Justice.

At all times relevant to this action, respondent Joyce Witzman was a beneficiary under three trusts for which her brother, Blair Wolfson, served as trustee. The present case stems from Witzman's allegations that, since 1978, Wolfson has repeatedly breached his fiduciary duty as trustee. Two years after settling her claims against Wolfson, Witzman filed a complaint against appellants...

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