6 Mississippi opinions name it 1 courts 2001–2009 0 in the last five years
The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cullicutt v. Pro. Services of Potts Campgreen2 sentences2009See Callicutt v. Prof'l Servs. of Potts Camp, Inc., 974 So.2d 216, 221 (Miss.2007) (listing elements of breach of fiduciary duty). 2009See Callicutt v. Prof'l Servs. of Potts Camp, Inc., 974 So.2d 216, 221 (Miss.2007) (listing elements of breach of fiduciary duty). | 2 | 2 |
Hazlehurst Lumber v. Forestry Com'ngreen2 sentences2009Op. at 157; the negligent misrepresentation claim argues that by failing to comply with Rule 1.8, Williamson and Miller “failed to exercise that degree of diligence and expertise the public is entitled to expect of’ an attorney, Hazlehurst Lumber Company v. Mississippi Forestry Commission, 983 So.2d 309, 313 (Miss.2008) (listing elements of negligent misrepresentation); and the breach of fiduciary duty claim contends that Rule 1.8 imposed an actionable duty upon Williamson and Miller. 2009Op. at 17; the negligent misrepresentation claim argues that by failing to comply with Rule 1.8, Williamson and Miller "failed to exercise that degree of diligence and expertise the public is entitled to expect of" an attorney, Hazlehurst Lumber Company v. Mississippi Forestry Commission, 983 So.2d 309, 313 (Miss.2008) (listing elements of negligent misrepresentation); and the breach of fiduciary duty claim contends that Rule 1.8 imposed an actionable duty upon Williamson and Miller. | 2 | 2 |
Smith Barney, Inc. v. Henrygreen2 sentences2002In Smith Barney, Inc. v. Henry, 775 So.2d 722, 726 (Miss.2001), Justice Mills, writing for a 6-3 Court and discussing a similar argument, found that the broad phrase "[a]ny controversy arising out of or relating to" contained in an account management agreement encompassed a claim of breach of fiduciary duty because the funds which were the subject of the breach of fiduciary duty claim "were derived directly from ... accounts and transactions with Smith Barney." The subject Purchase Agreement contains the identical phrase " [a]ny controversy or claim arising out of or relating to the vehicle wh 2001In Smith Barney, Inc. v. Henry, 775 So. 2d 722, 726 (Miss. 2001), Justice Mills, writing for a 6-3 Court and discussing a similar argument, found that the broad phrase "[a]ny controversy arising out of or relating to" contained in an account management agreement encompassed a claim of breach of fiduciary duty because the funds which were the subject of the breach of fiduciary duty claim "were derived directly from . . . accounts and transactions with Smith Barney." The subject Purchase Agreement contains the identical phrase "[a]ny controversy or claim arising out of or relating to the vehicle | 2 | 2 |
Doe v. Hartzgreen1 sentence2004Doe v. Hartz, 52 F.Supp.2d 1027, 1062 (N.D.Iowa 1999) (finding that breach-of-fiduciary-duty claims against members of the clergy are not barred ab initio, but that the question under Iowa law is whether facts giving rise to a fiduciary relationship and consequent duties have been alleged); Moses v. Diocese of Colorado 863 P.2d 310 (Colo.1993) (using neutral principles of law to uphold findings of liability against diocese and bishop for breach of fiduciary duty based on sexual relationship between assistant priest and parishioner in counseling session); Destefano v. Grabrian, 763 P.2d at 284- | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
F.G. v. MacDonell
green
2 sentences2004Doe v. Hartz, 52 F.Supp.2d 1027, 1062 (N.D.Iowa 1999) (finding that breach-of-fiduciary-duty claims against members of the clergy are not barred ab initio, but that the question under Iowa law is whether facts giving rise to a fiduciary relationship and consequent duties have been alleged); Moses v. Diocese of Colorado 863 P.2d 310 (Colo.1993) (using neutral principles of law to uphold findings of liability against diocese and bishop for breach of fiduciary duty based on sexual relationship between assistant priest and parishioner in counseling session); Destefano v. Grabrian, 763 P.2d at 284- 2002Iowa 1999) (finding that breach-of-fiduciary-duty claims against members of the clergy are not barred ab initio, but that the question under Iowa law is whether facts giving rise to a fiduciary relationship and consequent duties have been alleged); Moses v. Diocese of Colorado 863 P.2d 310 (Colo. 1993) (using neutral principles of law to uphold findings of liability against diocese and bishop for breach of fiduciary duty based on sexual 13 relationship between assistant priest and parishioner in counseling session); Destefano v. Grabrian, 763 P.2d at 284-86 ; Doe v. Evans, 814 So.2d 370 (Fla. | 2 | 2002–2004 |
Doe v. Evans
green
2 sentences2004Doe v. Hartz, 52 F.Supp.2d 1027, 1062 (N.D.Iowa 1999) (finding that breach-of-fiduciary-duty claims against members of the clergy are not barred ab initio, but that the question under Iowa law is whether facts giving rise to a fiduciary relationship and consequent duties have been alleged); Moses v. Diocese of Colorado 863 P.2d 310 (Colo.1993) (using neutral principles of law to uphold findings of liability against diocese and bishop for breach of fiduciary duty based on sexual relationship between assistant priest and parishioner in counseling session); Destefano v. Grabrian, 763 P.2d at 284- 2002Iowa 1999) (finding that breach-of-fiduciary-duty claims against members of the clergy are not barred ab initio, but that the question under Iowa law is whether facts giving rise to a fiduciary relationship and consequent duties have been alleged); Moses v. Diocese of Colorado 863 P.2d 310 (Colo. 1993) (using neutral principles of law to uphold findings of liability against diocese and bishop for breach of fiduciary duty based on sexual 13 relationship between assistant priest and parishioner in counseling session); Destefano v. Grabrian, 763 P.2d at 284-86 ; Doe v. Evans, 814 So.2d 370 (Fla. | 2 | 2002–2004 |
Moses v. Diocese of Colorado
green
2 sentences2004Doe v. Hartz, 52 F.Supp.2d 1027, 1062 (N.D.Iowa 1999) (finding that breach-of-fiduciary-duty claims against members of the clergy are not barred ab initio, but that the question under Iowa law is whether facts giving rise to a fiduciary relationship and consequent duties have been alleged); Moses v. Diocese of Colorado 863 P.2d 310 (Colo.1993) (using neutral principles of law to uphold findings of liability against diocese and bishop for breach of fiduciary duty based on sexual relationship between assistant priest and parishioner in counseling session); Destefano v. Grabrian, 763 P.2d at 284- 2002Iowa 1999) (finding that breach-of-fiduciary-duty claims against members of the clergy are not barred ab initio, but that the question under Iowa law is whether facts giving rise to a fiduciary relationship and consequent duties have been alleged); Moses v. Diocese of Colorado 863 P.2d 310 (Colo. 1993) (using neutral principles of law to uphold findings of liability against diocese and bishop for breach of fiduciary duty based on sexual 13 relationship between assistant priest and parishioner in counseling session); Destefano v. Grabrian, 763 P.2d at 284-86 ; Doe v. Evans, 814 So.2d 370 (Fla. | 2 | 2002–2004 |
Destefano v. Grabrian
green
2 sentences2004Doe v. Hartz, 52 F.Supp.2d 1027, 1062 (N.D.Iowa 1999) (finding that breach-of-fiduciary-duty claims against members of the clergy are not barred ab initio, but that the question under Iowa law is whether facts giving rise to a fiduciary relationship and consequent duties have been alleged); Moses v. Diocese of Colorado 863 P.2d 310 (Colo.1993) (using neutral principles of law to uphold findings of liability against diocese and bishop for breach of fiduciary duty based on sexual relationship between assistant priest and parishioner in counseling session); Destefano v. Grabrian, 763 P.2d at 284- 2002Iowa 1999) (finding that breach-of-fiduciary-duty claims against members of the clergy are not barred ab initio, but that the question under Iowa law is whether facts giving rise to a fiduciary relationship and consequent duties have been alleged); Moses v. Diocese of Colorado 863 P.2d 310 (Colo. 1993) (using neutral principles of law to uphold findings of liability against diocese and bishop for breach of fiduciary duty based on sexual 13 relationship between assistant priest and parishioner in counseling session); Destefano v. Grabrian, 763 P.2d at 284-86 ; Doe v. Evans, 814 So.2d 370 (Fla. | 2 | 2002–2004 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.