Elkin King v. Forrest King, Jr., No. 20-14565 (11th Cir. 2022)
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The Eleventh Circuit certified the following three questions to the Georgia Supreme Court regarding Georgia’s fiduciary duty to disclose.
(1) If a confidential relationship creates a duty to disclose which, if breached, would constitute fraud sufficient to toll the statute of limitations, would that duty to disclose also support a breach of fiduciary duty tort claim under Georgia law?
(2) If so, may an adult fiduciary in a confidential relationship with a minor beneficiary without a written agreement discharge his duty to disclose by disclosing solely to the minor’s parents or guardians?
(3) If the adult fiduciary does have an obligation to disclose to the minor beneficiary directly without a written agreement, when must the adult fiduciary disclose or redisclose to the minor beneficiary?
The court issued a subsequent related opinion or order on May 23, 2023.
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