Scanlan ex rel. Scanlan v. Eisenberg

MEMORANDUM OPINION

JOHN F. GRADY, District Judge.

Before the court is the motion of defendants Marshall Eisenberg, Earl Melamed, and Neal, Gerber & Eisenberg LLP (collectively, the “lawyer defendants”) to dismiss Counts I, II, and III of the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons explained below, the motion is. granted in part and denied in part.

BACKGROUND

Plaintiff Mary Bucksbaum Scanlan (“Scanlan”) is the primary beneficiary of several discretionary trusts (the “Trusts”) that were established by her father and uncle, who were the' founders of…