Samsara Memorial Trust v. Kelly, Remmel & ZimmermanAnnotate this Case
This appeal arose from two suits. Kelly, Remmel & Zimmerman (KRZ) filed suit alleging that Raisin Memorial Trust fraudulently transferred property to Samsara Memorial Trust. Samsara sued KRZ alleging slander of title and tortious interference with prospective economic advantage. The superior court entered a judgment awarding damages to KRZ, concluding that the transfer of property from Raisin to Samsara was a fraudulent transfer. The trusts appealed. The Supreme Court vacated the judgment of the superior court and remanded for a determination of damages with respect to the trusts, holding (1) the trusts’ argument that the justice who presided over their case violated the Maine Code of Judicial Conduct because he did not recuse himself from the case or disclose to the parties that he had formerly served on the superior court with an individual who is now an attorney at KRZ was without merit; and (2) the court erred in awarding damages in the amount of $340,000 against the trusts pursuant to Maine’s Uniform Fraudulent Transfer Act.