In re National Jockey Club (06 B 13247); DII Northwest LLC v. Thomas Carey, I (10 A 00302)
Defendant brought motion to dismiss complaint alleging turnover and breach of fiduciary claims. Defendant’s motion was granted on both counts. Plaintiff failed to allege a basis upon which certain funds were property of the estate, necessitating dismissal of turnover claim. Plaintiff’s breach of fiduciary claim was barred by the statute of limitations as it was not brought within five years of the date the claim arose and the continuing violation doctrine did not apply.