Performance of Duty – Personal Liability – Court-Appointed Receiver

Bill Martin was successful in opposing a plaintiff’s motion for leave to file lawsuit against a court-appointed receiver. The court agreed with Mr. Martin’s argument that the allegations against the receiver stemmed directly from performance of his duties as authorized by the order of the court that appointed him. The court held that where a receiver acts in accordance with court order and direction, the court order under which he acts will be a complete defense to personal liability.