First Union National Bank v. Pictet Overseas Trust Corp.

WOLLMAN, Circuit Judge.

This case is once again before us. In our prior ruling, we reversed and remanded for further proceedings. First Union Natl Bank v. Pictet Overseas Trust Corp., Ltd., 351 F.3d 810, 816 (8th Cir.2003) (Pic-tet I) (hereinafter we refer to the parties as First Union and Pictet). On remand, the district court entered summary judgment in favor of Pictet, holding that First Union breached a fiduciary duty it owed in its individual capacity to Pictet. First Union appeals, contending that the district court erred in holding that the law of the case doctrine requires a finding of…