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ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: WHAT ARE UNIQUE ISSUES IN HEALTH CARE OFFICE LEASES?

Joe Romberg  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: KEY PROVISIONS TO CONSIDER WHEN NEGOTIATING A COMMERCIAL LEASE

Jacob Brennan  

LOCAL NEWS RISING STARS 2016: CORA VERGE, ASSOCIATE ATTORNEY

Cora Verge  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: EMPLOYEE RETIREMENT PLAN ERRORS

Jaclyn R. Clabby  

LUKINS & ANNIS SPONSOR GONZAGA BASKETBALL

Jim Black  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: LOAN TRANSACTIONS

Cora Verge  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL: ESTATE PLANNING

David Webster  

WSBA PRESIDENT'S CORNER: LISTENING TO CHANGE IN THE LEGAL PROFESSION

Bill Hyslop  

WSBA PRESIDENT'S CORNER: PRINCE DIED WITHOUT A WILL

Bill Hyslop  

LOCAL NEWS: INVESTIGATION REOPENED IN DEATH OF BICYCLIST RYAN HOLYK

Mike Maurer  

LOCAL NEWS: IN HOLYK CASE, SCIENTIST'S TESTIMONY DOESN'T SQUARE WITH INVESTIGATORS' STATEMENTS

Mike Maurer  

LOCAL NEWS: EASTERN STATE HOSPITAL SETTLES PATIENT DEATH LAWSUIT FOR $360,000

Mike Franklin   Kelly Konkright  

JENNIFER HANSON, ASSOCIATE ATTORNEY, BECOMES PRESIDENT OF SCBA

Jennifer Hanson  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - MATERNITY LEAVE

Tori Osler  

WSBA PRESIDENT'S CORNER: HOW WILL YOU BE REMEMBERED? LEADING BY DOING AND THE WELL-LIVED LIFE

Bill Hyslop  

SPECIAL REPORT BILL HYSLOP: ENSURING ACCESSIBLILITY

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - NON-COMPETE AGREEMENTS

Erin Pounds  

WSBA PRESIDENT'S CORNER: WHAT ARE YOUR PERSONAL "LEGAL" RESOLUTIONS FOR THE NEW YEAR?

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EARNED SICK AND SAFE LEAVE

Jacob Brennan  

WSBA PRESIDENT'S CORNER: THE RISING COST OF LITIGATION AND ACCESS TO JUSTICE

Bill Hyslop  

WSBA PRESIDENT'S CORNER: EQUAL JUSTICE UNDER LAW

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EASEMENTS

Cora Verge  

WILLIAM HYSLOP SWORN IN AS WSBA PRESIDENT

Bill Hyslop  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - HIPAA

Courtney Garcea  

L&A IN LOCAL NEWS> HOLYK'S DNA FOUND ON PATROL CAR; SHERIFF DENIES THAT DEPUTY HIT BICYCLIST

Mike Maurer  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - EMPLOYEE HANDBOOKS

Laura Black  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - AFFORDABLE CARE ACT

Kelly Konkright  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - PROBATE

Tom Culbertson  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - WHAT VALUE DOES A BUSINESS ATTORNEY BRING TO MY COMPANY?

Paul Davis  

ASK THE LUKINS & ANNIS LEGAL PROFESSIONAL - THE AFFORDABLE CARE ACT

Kelly Konkright  

IMPORTANT NOTICE REGARDING : "OBAMA CARE" AFFORDABLE CARE ACT

Kelly Konkright  

IDAHO SUPREME COURT JUSTICE COMPLIMENTS WINNING LUKINS & ANNIS ATTORNEY IN TRUST LITIGATION

Mischelle Fulgham  

LUKINS & ANNIS CLIENT OBTAINS REVERSAL OF INJUNCTION ON LAND USER RESTRICTIONS BY THE IDAHO SUPREME COURT

Laura Black   Michael Hines  

LUKINS & ANNIS CLIENT OBTAINS DISMISSAL OF HOME OWNER'S LAWSUIT BY DIVISION III OF THE WASHINGTON STATE COURT OF APPEALS

LUKINS & ANNIS CLIENT OBTAINS SIGNIFICANT 9TH CIRCUIT DECISION AGAINST RED LION HOTEL FRANCHISOR UNDER WASHINGTON FRANCHISE INVESTMENT PROTECTION AND CONSUMER PROTECTION ACTS

Mike Maurer  

WAYNE SWENEY NAMED DISTINGUISHED LAWYER BY IDAHO BAR

Wayne Sweney  
IDAHO SUPREME COURT JUSTICE COMPLIMENTS WINNING LUKINS & ANNIS ATTORNEY IN TRUST LITIGATION

In Bowman v. Washington Trust Bank, Lukins & Annis successfully defended its trustee client against multiple challenges asserted by three trust beneficiaries.

In the case, trust beneficiaries sued Lukins & Annis' client in its role as trustee, claiming that the bank negligently operated the trust and breached its fiduciary duty. The Idaho district court granted Lukins & Annis attorney Mischelle Fulgham's motions to dismiss all claims against the bank in part because the trustee's actions were authorized by the trust instrument and Idaho law.

When the beneficiaries appealed, Fulgham convinced the Idaho Supreme Court to affirm the trial court's dismissal. She argued these trust beneficiaries did not have standing to challenge the trustee's conduct and that their claims were not ripe for judicial review. The Idaho Supreme Court agreed, affirming the lower court's dismissal. In its opinion, the Court particularly noted that Fulgham had done "a good job of arguing its case before the Court and responding to questions."

The Idaho Supreme Court's decision reinforces that trust beneficiaries must have a personal stake in the outcome of a controversy in order to sue a trustee. The Court held that, in this case, the beneficiaries' trusts were separate, and the suing beneficiaries had not been affected by the administration of the other beneficiary's trust. Likewise, trust beneficiaries must have suffered actual damages and must establish a real controversy over which to sue. Here, the beneficiaries challenged an action to partition trust property, but no such partition action was pending. Thus, their claim was not ripe and was properly dismissed.

Read a copy of the Idaho Supreme Court's opinion here.

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