Acorn v. MoncecchiAnnotate this Case
Bud Federer, who died in 2003, enjoyed a successful career as a businessman in Wyoming. In 2011, Margie, Bud's wife, moved to an assisted living facility. During Bud’s life and after he died, the family created numerous entities to hold and manage their business interests and to pass Bud and Margie’s estate to their three daughters. The sisters, however, disagreed about money, and those disagreements led to accusations of misconduct and breaches of the duties that attached to their roles as trustees and LLC managers. The sisters engaged in litigation involving claims, counterclaims, and cross-claims. The district court sorted out these claims after a bench trial. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the district court’s conclusion that Dino Moncecchi did not breach his fiduciary duties to an LLC was not clearly erroneous; (2) the removal of Rebecca Shwen as trustee of the Margie Jean Federer Revocable Trust was not based on findings that were clearly erroneous; (3) the district court incorrectly applied the burden of proof for establishing damages resulting from Rebecca’s breach of fiduciary duty; and (4) the district court did not abuse its discretion when it awarded attorney fees against Rebecca for filing a frivolous claim.