United States Sixth Circuit

In an action raising claims for breach of fiduciary duty, breach of contract, and respondeat superior liability against defendant-trustee, dismissal of the claims pursuant to Rule 12(b)(6) is affirmed where plaintiff's breach of fiduciary duty and breach of contract claims against defendant were not proper causes of action to collect a personal injury judgment entered subsequent to the creation of a liquidating trust, which by its terms clearly and unambiguously defined its purpose and beneficiaries.

Appellate Information

• Decided 09/29/2008
• Published 09/29/2008

Judges

• Before: MARTIN, ROGERS, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Michael D. Portnoy, Rossford, Ohio, for Appellants.   Thomas L. Feher, Jennifer M. Burke, Thompson Hine, Cleveland, Ohio, for Appellee.