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Means v. Hamilton Capital, LLC — 6th Cir. (Oct 20, 2026)

No. 26-3146 Argued October 20, 2026 Published October 23, 2026

The Sixth Circuit hears Daniel Means's appeal in a dispute over his late father's retirement funds. His father named Daniel and Daniel's brother to receive equal shares of the accounts at his death. Daniel alleges that his brother used a power of attorney to drain those funds, and that Hamilton Capital ignored warning signs. He sued the firm for negligence, but the district court dismissed his case. The appeal asks whether Daniel can pursue that alleged loss himself as a beneficiary, rather than through his father's estate. For context, a power of attorney authorizes an agent to act for another person, called the principal. A transfer-on-death designation identifies who receives account assets when the owner dies; it does not transfer ownership during the owner's life. The lawyers also discuss privity: a legally recognized relationship between parties, such as the relationship created by a contract. They dispute whether Daniel's relationship to his father and the accounts gives him a claim against Hamilton Capital.

Means v. Hamilton Capital, LLC (No. 26-3146) — U.S. Court of Appeals for the Sixth Circuit, argued October 20, 2026.

Sources
Case, date and dismissal appeal — official calendar, physical page 6:https://www.ca6.uscourts.gov/sites/ca6/files/documents/oral_argument_calendars/10192026_arg.pdf
Background allegations — filed complaint, December 30, 2024; not findings of fact:https://assets.alm.com/d7/66/920d9ec4496fb50793bd6bca64a9/pm-56344809-complaint-schwab.pdf
Power of attorney, agent and principal — Ohio Revised Code 1337.22:https://codes.ohio.gov/ohio-revised-code/section-1337.22
Transfer-on-death ownership — Ohio Revised Code 1709.06:https://codes.ohio.gov/ohio-revised-code/section-1709.06
Transfer at death — Ohio Revised Code 1709.07:https://codes.ohio.gov/ohio-revised-code/section-1709.07
Privity and legal-malpractice distinction — Shoemaker, 2008 Ohio Supreme Court opinion:https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2008/2008-ohio-2012.pdf
Privity — Cornell Legal Information Institute:https://www.law.cornell.edu/wex/privity

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