Kurth v. Van Horn

How courts have described this case

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

• observing that a breach of fiduciary duty claim requires proof of the existence of a fiduciary duty owed by the defendant to the plaintiffs, breach of that duty by the defendant, and damages to the plaintiffs proximately caused by the breach
• finding no evidence the customer “relied upon the bank for advice” or that the bank “ever acted as an investment advisor” for the customer
• rejecting a breach of fiduciary duty claim against a bank where -12- a plaintiff failed to show the bank was aware the plaintiff had relied on the bank for advice
• “Because the circumstances giving rise to a fiduciary duty are so diverse, any such relationship must be evaluated on the facts and circumstances of each individual ease.”
• “Some relationships necessarily give rise to a fiduciary relationship ... [and] would include those between an attorney and client....”
• “Some relationships necessarily give rise to a fiduciary relationship . . . [and] would include those between an attorney and client . . . .”

Source: CourtListener parenthetical corpus (CC0).