Birman

I.

INTRODUCTION

Appellant Patricia Birman was a beneficiary of the Badalung Trust, a trust that

was established under the laws of Liechtenstein. Birman's father, respondent Heinz Gottlieb, was a "protector"1 of the Badalung Trust.2 Birman sued Gottlieb in 2006,

alleging that Gottlieb had committed various fraudulent acts in connection with the

Badalung Trust. Birman and Gottlieb settled the 2006 case by way of a Settlement

Agreement and General Mutual Release (2007 Settlement Agreement and Release),

pursuant to which Birman agreed to release all claims, "whether known or unknown,"

against Gottlieb. After the parties executed the 2007 Settlement Agreement and Release,

Birman dismissed the 2006 case.

Birman filed the first amended complaint in this action against Gottlieb in 2012,

alleging seven causes of action styled as follows: fraud (settlement agreement), fraud

(underlying actions), negligent misrepresentation, constructive fraud, breach of fiduciary

duty, conversion, and intentional interference with expected inheritance. A jury trial

commenced in February 2013. Following the close of Birman's case, Gottlieb filed a

motion for nonsuit on the ground…