Linda Holt v. John Griffin

DISSENT

The basic claims by the plaintiff sisters against their brothers, Dennis and Griffy, have been litigated since the sisters first sued the brothers 27 years ago. I do not agree with my colleagues’ disposition of this case because: (1) the parties settled the same basic claims in 1993; (2) even if the claims are not completely barred by the settlement agreement, the claims are equitable in nature and the doctrine of laches should foreclose damages after a reasonable time following the time when the sisters learned of their brothers’ earlier breach of fiduciary duties; (3) under any…