Hof v. Caswell (In re Hof) (Adv. Pro. No. 18-02013)

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Order granting summary judgment in part and denying summary judgment in part.  Underlying state court judgment precludes relitigation of second defendant's status as a fiduciary of a technical trust, but does not preclude the issue with respect to the first defendant because the state court judgment did not establish that the first defendant was a fiduciary of a technical trust as required under section 523(a)(4).  Further, because the state court's findings regarding defendants' intent were unnecessary to the determination of the underlying state court claims, those findings were not entitled to issue preclusion under Oregon law.

Thursday, July 11, 2019
Index Heading: 
Summary Judgment