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Daniel R. McCune, Childs McCune LLC, Denver, CO, obtained a judgment for the defense following a bench trial on a claim for breach of fiduciary duty against a receiver. The court had appointed the receiver to liquidate an auto repair and towing business, which the court previously judicially dissolved. The plaintiff, one of the owners of the business and a beneficiary of the receivership estate, alleged that the receiver had failed to maximize the estate’s assets for the plaintiff’s benefit. Specifically, he faulted the receiver for electing not to pursue legal claims on the estate’s behalf, and for not having sold or relocated certain of the estate’s property to avoid its loss due to Colorado’s catastrophic floods in the fall of 2013. As part of its judgment, the court awarded the receiver the fees and costs the receiver incurred in responding to plaintiff’s claims. Congratulations, Dan!

More Triumphs from Dan McCune…

Daniel R. McCune and Margrit Lent Parker
Daniel R. McCune, Childs McCune LLC, Denver, CO, obtained summary judgment in a hotly contested legal malpractice action. The plaintiff, herself an attorney, brought several claims against her former divorce lawyer. Because a two-year statute of limitation barred the claim for negligence, the plaintiff amended her complaint to repackage her claims under theories of relief subject to longer statutes of limitations: breach of fiduciary duty, breach of contract, fraud, unjust enrichment, and conversion. The plaintiff also claimed that her depression and anxiety constituted a disability that tolled the statute of limitations. In granting summary judgment, the court reasoned that the plaintiff’s claims, no matter how they were packaged, sounded in negligence and were subject to the two-year statute of limitation applicable. The court further reasoned that depression and anxiety did not rise to the level of a disability that permitted tolling of the limitations period.  Congratulations, Dan!

Do you have a triumph to share? Send a brief summary and a recent photograph to Scott Salter at ssalter@starneslaw.com


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