Articles by Jason Rauch's Profile | Law360, JD Supra, The Indiana Lawyer Journalist

Indiana Court of Appeals Affirms Defense Judgment in LLC Members' Claim for Breach of Fiduciary Duty | JD Supra

Mar 01, 2024 |

| JD Supra

The decision serves as a reminder that the best way to win an appeal is to win at trial. A party appealing an adverse trial decision faces an uphill battle. It is also a win for LLC decisionmakers. It is clear from the court’s opinion that the evidence fell far short of satisfying the statutory standard that an LLC member or manager is not liable for action or failure to act unless the act or omission “constitutes willful misconduct or recklessness.” In Jarboe v.

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Delaware Court of Chancery Applies MFW Analysis to a Nonmerger Transaction and Dismisses Stockholders’ Claims With Prejudice | JD Supra

Sep 13, 2022 |

By Oderah C. Nwaeze, Jason Rauch

| JD Supra

In City Pension Fund for Firefighters and Police Officers in the City of Miami v. The Trade Desk, Inc., et al., the Delaware Court of Chancery dismissed the plaintiff’s challenge to a transaction that extended the controlling stockholder’s voting control, after concluding that the company’s board adhered to the MFW framework, which entitled the defendants to the benefit of the lenient business-judgment review rather than the onerous entire-fairness standard. Background The Trade Desk, Inc.

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Apr 26, 2022 |

By Jason Rauch

| JD Supra

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Indiana Court of Appeals Invalidates Trust for Failure to Identify Trust Beneficiary | JD Supra

Jan 24, 2022 |

By Kathy Osborn, Jason Rauch

| JD Supra

Recently, the Indiana Court of Appeals decided the case of Wilson v. Wilson. The case involved the last will and testament (“Will”) of decedent Terrel Wilson, Sr. (“Terrel Sr.”), which purported to create a trust. Specifically, Terrel Sr.’s Will stated: I hereby give all of the residue of my estate to my brother, Kevin Wilson, as Trustee, IN TRUST, to be distributed to my family and others as per my instructions to him.

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Rauch, Osborn and Roy: Supreme Court says trusts may include marriage restraint provisions

Nov 10, 2021 |

By Jason Rauch, Kathy Osborn, Daniel Roy

| The Indiana Lawyer

Listen to this story This audio file is brought to you by 0:00 0:00 Loading audio file, please wait. 0.25 0.50 0.75 1.00 1.25 1.50 1.75 2.00 Daniel Roy Kathy Osborn Jason Rauch In its recent Rotert v. Stiles opinion, the Indiana Supreme Court honored established principles of statutory interpretation and judicial restraint in deciding that Indiana’s trust code does not prohibit restraints on marriage.

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Indiana Court of Appeals: Dead Man’s Statute Alive and Well in Trust Dispute | JD Supra

Sep 30, 2020 |

By Sarah Jenkins, Jason Rauch

| JD Supra

Recently, the Indiana Court of Appeals decided the case of Bergal v. Bergal. The case involved a man, Milton Bergal, who had four adult children from a previous marriage. Milton married Linda in 2009, and that same year he also created a new estate plan with the help of his attorney, Ben Roth, and his accountant, Joseph Sanders. In particular, Milton created a trust and executed a new pour-over will – such that, upon his death, all assets in his probate estate were to be transferred to his trust.

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Lessons From An In-Court Jury Trial During The Pandemic

Sep 23, 2020 |

By Angela Hall, Jason Rauch

| Law360

By Angela Hall and Jason Rauch Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.

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Indiana Court of Appeals Reverses Trial Court’s Presumption of Revocation for Lost Will | JD Supra

Jun 23, 2020 |

By Sarah Jenkins, Jason Rauch

| JD Supra

Background Recently, the Indiana Court of Appeals decided the case of Trowbridge v. Estate of Trowbridge. The case involved a man, Everett, who, despite their divorce, remained on good terms with his ex-wife, Christal. After the divorce, Everett executed a will in which Christal and Michael Trowbridge (Trowbridge), who was Everett’s brother, were named as co-executors.

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Court of Appeals Affirms That Will Was Product of Undue Influence | JD Supra

Jun 18, 2020 |

By Sarah Jenkins, Jason Rauch

| JD Supra

Earlier this week, the Indiana Court of Appeals affirmed judgment in favor of daughters who contested their father’s last will and testament on the basis that he lacked testamentary capacity and was unduly influenced by his wife. In Moriarty v. Moriarty et al, the trial court declared the purported will to be invalid, ordered the return of several non-probate transfers, and directed that the decedent’s estate be distributed as an intestate estate.

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