Posts tagged "Hanna"

Hanna v. Williams, et al. (Lawyers Weekly No. 12-181-16)

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 1684CV0722 BLS 1 Lead Case STEPHEN HANNA, as personal representative of the ESTATE OF NATHALIE ROTHBLATT vs. MATTHEW WILLIAMS, RBC CAPITAL MARKETS, LLC, BRADLEY COOK, MICHAEL STARR and TAYLOR GANSON & PERRIN LLP Consolidated With: SUPERIOR COURT CIVIL ACTION No. 1684CV0724 BLS 1 ELLIOT BERKOWITZ, STEVEN BERKOWITZ and ESTHER BERKOWITZ vs. MATTHEW WILLIAMS, RBC CAPITAL MARKETS, LLC, BRADLEY COOK, MICHAEL STARR and TAYLOR GANSON & PERRIN LLP MEMORANDUM AND ORDER ON MOTIONS TO DISMISS (Corrected Version) Alleged misconduct by lawyers and a financial advisor to cause a 91-year old, infirm woman to execute a new will six days before she died resulted in disputes over the distribution of her $ 12 million estate. The disputes among the possible heirs were, ultimately, settled by a compromise agreement. The probate court approved that agreement by a Decree and Order of Compromise. Now three of the heirs, who were parties to the compromise agreement, sue the lawyers and the financial advisor for intentionally and tortiously interfering with their expected 1 inheritance (Civil Action No. 2016 – 0724). The three heirs claim they would have received a much larger inheritance than what they obtained through the compromise agreement but for the conduct of defendants. Also, the personal representative of the estate sues the same defendants to recover the legal fees paid by the estate on behalf of all the heirs, incurred as a result of the litigation, allegedly caused by defendants’ conduct, over the distribution of the estate (Civil Action No. 2016 – 0722). Defendants move to dismiss all claims contending that (a) this court lacks subject matter jurisdiction over plaintiffs’ claims as a result of the proceedings in the probate court, and (b) the complaints fail to state a claim upon which relief may be granted.1 BACKGROUND The following facts are taken from the complaints. For the purposes of these motions, the factual allegations, and reasonable inferences therefrom, are taken as true. Curtis v. Herb Chambers I-95, Inc., 458 Mass. 674, 676 (2011). Events Surrounding Execution of Will and Trust In 2013, Nathalie Rothblatt was a 91 year-old widow. On March 7, 2013, Rothblatt fell and broke her hip. She was taken to Beverly Hospital. At that time she suffered various other ailments such as chronic congestive heart failure, kidney failure and low blood pressure. She suffered from severe pain from the broken hip, as well as dizziness and difficulty concentrating. She was placed on medication including morphine and dopamine that affected her cognition. During her hospitalization she suffered bouts of disorientation, delusions, and confusion. She did 1 The financial advisory defendants also move to compel arbitration. See Part C of this memorandum. […]

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Posted by Massachusetts Legal Resources - January 19, 2017 at 9:31 pm

Categories: News   Tags: , , , ,

Hanna v. Williams, et al. (Lawyers Weekly No. 12-181-16)

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 1684CV0722 BLS 1 Lead Case STEPHEN HANNA, as personal representative of the ESTATE OF NATHALIE ROTHBLATT vs. MATTHEW WILLIAMS, RBC CAPITAL MARKETS, LLC, BRADLEY COOK, MICHAEL STARR and TAYLOR GANSON & PERRIN LLP Consolidated With: SUPERIOR COURT CIVIL ACTION No. 1684CV0724 BLS 1 ELLIOT BERKOWITZ, STEVEN BERKOWITZ and ESTHER BERKOWITZ vs. MATTHEW WILLIAMS, RBC CAPITAL MARKETS, LLC, BRADLEY COOK, MICHAEL STARR and TAYLOR GANSON & PERRIN LLP MEMORANDUM AND ORDER ON MOTIONS TO DISMISS Alleged misconduct by lawyers and a financial advisor to cause a 91-year old, infirm woman to execute a new will six days before she died resulted in disputes over the distribution of her $ 12 million estate. The disputes among the possible heirs were, ultimately, settled by a compromise agreement. The probate court approved that agreement by a Decree and Order of Compromise. Now three of the heirs, who were parties to the compromise agreement, sue the lawyers and the financial advisor for intentionally and tortiously interfering with their expected 1 inheritance (Civil Action No. 2016 – 0724). The three heirs claim they would have received a much larger inheritance than what they obtained through the compromise agreement but for the conduct of defendants. Also, the personal representative of the estate sues the same defendants to recover the legal fees paid by the estate on behalf of all the heirs, incurred as a result of the litigation, allegedly caused by defendants’ conduct, over the distribution of the estate (Civil Action No. 2016 – 0722). Defendants move to dismiss all claims contending that (a) this court lacks subject matter jurisdiction over plaintiffs’ claims as a result of the proceedings in the probate court, and (b) the complaints fail to state a claim upon which relief may be granted.1 BACKGROUND The following facts are taken from the complaints. For the purposes of these motions, the factual allegations, and reasonable inferences therefrom, are taken as true. Curtis v. Herb Chambers I-95, Inc., 458 Mass. 674, 676 (2011). Events Surrounding Execution of Will and Trust In 2013, Nathalie Rothblatt was a 91 year-old widow. On March 7, 2013, Rothblatt fell and broke her hip. She was taken to Beverly Hospital. At that time she suffered various other ailments such as chronic congestive heart failure, kidney failure and low blood pressure. She suffered from severe pain from the broken hip, as well as dizziness and difficulty concentrating. She was placed on medication including morphine and dopamine that affected her cognition. During her hospitalization she suffered bouts of disorientation, delusions, and confusion. She did 1 The financial advisory defendants also move to compel arbitration. See Part C of this memorandum. 2 not […]

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Posted by Massachusetts Legal Resources - January 4, 2017 at 4:34 pm

Categories: News   Tags: , , , ,

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