Recent Cases

John Rodgers has been involved in cases both in a fiduciary consulting capacity and as an expert witness. Each case would typically focus on one of the common law principles governing the actions of a trustee, often accompanied by regulatory compliance issues.

Read about some of Mr. Rodgers’ sample cases below.

Plaintiffs

A major diversified financial institution trustee of IRA accounts

Advised plaintiff on the appropriateness of using various insurance contracts as client investment vehicles.

Class action plaintiffs

Advised class action plaintiffs against a large national trust company acting as a directed trustee for IRA accounts on questions of inappropriate and unregistered investments, lack of due diligence, regulatory compliance and management supervision.

Current income beneficiary of trust

Advised plaintiff in a case against a large state bank trustee defendant. Plaintiff claimed trustee failed to exercise care in the administration of a living trust resulting in financial loss.

Remainder beneficiary of trust

Alleged large state bank trustee defendant failed to diversify trust’s investments, investing only in high yield municipal bonds benefiting the widow current income beneficiary of a split interest QTIP trust and failing to provide any growth for the remainder beneficiaries.

Mr. Rodgers advised plaintiff and was deposed.

Current income and remainder beneficiaries of a trust

Developed a litigation strategy for beneficiaries versus a large national bank trustee defendant. Plaintiff claimed trustee failed to adequately maintain a commercial office building and parking garage owned by the trustee resulting in a loss of value and subsequent revenue.  Mr. Rodgers was also deposed.

Trial testimony and deposition for plaintiff
Patricia Edwards v. Fellers Snider, Blankenship, et. al, Oklahoma District Court, Case # CJ-2004-8502. June 6, 2006.
Trial testimony and Expert Report for Plaintiff
Manufacturers & Traders Trust Company, Executor for the Estate of John Clarke Adams, Deceased. New York State Surrogate’s Court, Case # 00-2357. November 21, 2007
Deposition for plaintiff
Melanie Rich Savu, et. al. v. SunTrust Banks, Georgia Superior Court, Case # 2005-CU-105471. January 12, 2007.
Deposition for plaintiff
Pomerantz, et. al. v. Northern Trust Bank of Florida, Florida Circuit Court Case # 02-015246 (08).
Deposition and Affidavit for plaintiff
Robert Bryant, et. al. v. SunTrust Banks, Superior Court of Chatham County Georgia, Case # V02-1084-AB. January 7, 2003
Declaration for plaintiff
Rahim Manji v. NWQ Investment Management, Inc. California Superior Court. Case # SC088837. November 15, 2007.
Expert Report for plaintiff.
William A. Dougherty v. Wachovia Bank, N.A. Florida Circuit Court, Fifth Judicial circuit, Case # 2006-CA-5252.
Expert Report and Damage Model
Orocia v. Border Capital Bank Texas State Court
Deposition and trial testimony
O’Hair v. Edgar County Bank & Trust Company, Illinois State Court.
Consulting
Ackley v. Comerica Bank, Florida State Court, Case No. 05-07CA-5011.
Expert Report & Deposition
Josephine Sullivan, et al. v. Regions Bank, Texas State Court.
Expert Report and Deposition
Felix Walton Jackson Trust Matter. South Carolina State Court.
Consulting
Donald B. Kaufman Trust Matter, California State Court.
Consulting and affidavit.
Noel Fuller/ Gamble & Livingston, LLC Trust Matter, South Carolina State Court.

Defendants

Large multi-state national bank defendant trustee of IRA accounts
Client was charged with improper investments and lack of diversification by grantor.  Mr. Rodgers' legal, compliance and securities law background and experience was compelling in his deposition on IRA investment regulatory compliance issues and management supervision. 
National trust company defendant trustee
Client was charged with breach of trust, asset allocation and regulatory compliance issues by remainder beneficiaries in Federal District Court.  John Rodgers & Associates filed an Expert Summary of Findings Report as evidence pursuant to the requirements of Federal Rules of Evidence Sections 702 & 703.
Large national bank trustee defendant
Alleged trustee’s asset allocation overly favored equities producing a short term loss of principal.  Mr Rodgers' deposition and expert witness report was accepted as evidence at trial. He also testified at trial.
Trial testimony for defendant, plus Expert Summary of Findings admitted as evidence
Lorraine Rudolph v. Bank of America, North Carolina Superior Court, Case # 02-CUS-6274. March 25, 2004.
Expert Summary of Findings for defendant
Hinther v. Merrill Lynch Trust Company, Texas State Court. Case #4-04-CV-710Y. March 7, 2006.
Deposition and Report for defendant
Lee Joseph Petitjean, et. al. v. Hibernia National Bank. Louisiana State Court. January 29, 2008.
Expert report for defendant
Giffen v. First Tennessee Bank, N.A. Tennessee State Court. July 19, 2007.
Expert report for defendant
Jackson Kail v. KeyBank, N.A. Cuyahoga County (Ohio) Common Pleas court, Case # CV-07613350.
Consulting
Bank of America, N.A. v. Mary Loraine McCracken, et al, North Carolina State Court, Case Number 08 CV 01888.
Consulting
Eula Crain v. First Federal Savings Bank, Kentucky State Court.