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Parameters of Fiduciary Duties in Confidential Relationship Between Minor and Adult

In King v. King, the United States Court of Appeals for the Eleventh Circuit addressed the parameters of Georgia law governing the duties owed to a minor beneficiary when a confidential relationship exists between that minor and an adult. The Eleventh Circuit found no Georgia precedent controlling whether the presence of a confidential relationship created a duty to disclose that, if breached, would create a tort claim for a breach of fiduciary duty; thus, the Eleventh Circuit certified three questions to the Supreme Court of Georgia, allowing the court “an opportunity to address these questions in the first instance.”

On appeal, the Eleventh Circuit held that, while Cohen did have standing to bring his Fourth Amendment claim, the search was valid on the merits because the impoundment was consistent with the department’s procedures and policies.

Joseph H. Ingram, King v. King, 4 Cumb. L. Rev. Online 63 (2023).

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