Heightened protection for receiver

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 25, 2019 5:30 PM

In Randall Goulding’s lawsuit against Leslie Weiss for alleged breach of fiduciary duty as court-appointed receiver for Nutmeg Group LLC, the 7th U.S. Circuit Court of Appeals had to predict whether the Illinois Supreme Court would apply the heightened “willful and deliberate” standard — which Mosser v. Darrow, 341 U.S. 267 (1951), adopted for bankruptcy trustees — or the lesser “gross negligence” approach Illinois law uses for litigation against general partners.Nutmeg was general …

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