Tuesday, December 23, 2014
Ind. Decisions - 7th Circuit decided one Indiana case Dec. 22
In Carolyn Stump v. Greenfield Banking Company (SD Ind., Pratt), a 16-page opinion, Judge Williams writes:
After the United States Department of Veterans Affairs determined William L. Evans, Jr. was no longer competent to manage his veterans’ benefits, it appointed his daughter as the federal fiduciary. The VA later terminated her appointment and appointed the Greenfield Banking Company. Evans’s wife and daughter filed this suit asserting breach of fiduciary duty and conversion by the Bank. They also seek the creation of a constructive trust. The complaint alleges that the Bank complied with the terms of its obligations to the VA as federal fiduciary but that doing so meant it breached its fiduciary duty to Evans. The complaint does not make any allegations of misuse of funds, mismanagement depriving him of the use of any funds, embezzlement, or the like. We conclude that the district court properly dismissed this case for lack of jurisdiction because the allegations made in the complaint are outside the scope of state court review, and therefore ours as well. We affirm.
Posted by Marcia Oddi on December 23, 2014 07:58 AM
Posted to Ind. (7th Cir.) Decisions