Berkowitz v. Berkowitz, No. 15-1503 (1st Cir. 2016)Annotate this Case
Father, a Florida resident, filed this diversity suit against Daughter, a Massachusetts resident, in the District of Massachusetts, alleging that Daughter, to whom he had given a power of attorney, breached her fiduciary duty to him. The jury returned a verdict in Father’s favor. Daughter appealed, and Father cross-appealed. The First Circuit affirmed, holding that the district court (1) did not err in denying Daughter’s motion for judgment as a matter of law; and (2) did not err in awarding Father prejudgment interest from the date that he filed this lawsuit rather than the date Daughter breached her fiduciary duty.