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Appeals panel revisits trust‑protector dispute and attorney‑duty claims after Delaware litigation
Summary
The court heard competing views over whether counsel had a duty to call out a redlined change that moved control over a trust protector; defense counsel pointed to Delaware trial and Supreme Court rulings finding the plaintiff's 'counterfactual' theory unpersuasive.
A prolonged, multi‑forum dispute over the drafting of two family trusts returned to the appeals panel Friday as counsel debated whether the law firm representing the parties had an affirmative duty to highlight a redline change that removed Jeremy Paradise’s control over selection of a trust protector.
Dana Kerhan, arguing for Jeremy Paradise, said the redlined…
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