Legal Opinion

Mary Scanlan v. Marshall Eisenberg

Court of Appeals for the Seventh Circuit

Decided January 20, 2012No. 11-1657PublishedCited by 80 opinions

1Opinion of the Court

BAUER, Circuit Judge.

Mary Bucksbaum Scanlan (“Scanlan”) is a current beneficiary of several discretionary trusts. Scanlan brought claims of legal malpractice and breach of fiduciary duty against the trustee and her lawyers. The district court dismissed all of her claims with prejudice and ruled that Scanlan lacked Article III standing because she did not allege facts showing a likelihood that the trusts’ corpus were insufficient to pay her discretionary distributions. We reverse and remand.

I. BACKGROUND

A. The Trusts and the Parties

Scanlan was born in 1969 and is the daughter of Martin…

2Cases cited36 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Baker v. CarrSupreme Court of the United States · 1962
  4. Allen v. WrightSupreme Court of the United States · 1984
  5. Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008

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3Cited by80 opinions

  1. Hilary Remijas v. Neiman Marcus Group, LLCCourt of Appeals for the Seventh Circuit · 2015
  2. Carol Wilding v. DNC Services CorporationCourt of Appeals for the Eleventh Circuit · 2019
  3. Connie Edmonson v. Lincoln National Life InsurancCourt of Appeals for the Third Circuit · 2013
  4. Fund Liquidation Holdings LLC v. Bank of America Corp.Court of Appeals for the Second Circuit · 2021
  5. William Pender v. Bank of America CorporationCourt of Appeals for the Fourth Circuit · 2015

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