Goldston v. Bank of America Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the statute of limitation for a beneficiary’s claims against a trustee was tolled by fraud when, inter alia, the beneficiary, who was a minor at the time the trust was created, was not even aware of the existence of the trust and the trustee failed to comply with its terms
• ten-year statute of limitation, OCGA § 9-3-27, applies to action against trustee bank for breach of fiduciary duty
• “[A] fiduciary relationship encompasses a duty to disclose so that suppression of a material fact which a party is under an obligation to communicate constitutes fraud.”
• “A motion to dismiss is an anomalistic vehicle by which to assert an action as time-barred by a statute of limitation.”
• limitation period tolled where there was evidence that trustee bank sold assets of the trust to an interested third party for less than fair market value and then failed to disclose the transaction to the beneficiaries
• limitation period tolled where there was evidence that trustee bank sold assets of the trust to an interested third party for less than fair market value and then failed to disclose the transaction to the beneficiaries

Source: CourtListener parenthetical corpus (CC0).