![]() ![]() Clayton Rash to start and manage a Tulsa, Oklahoma division of its industrial plant maintenance business, inspecting, repairing, and maintaining oil refineries and power plants. (collectively, JVIC ) are Texas-based companies which build, refurbish, expand and manage assets for industrial process plants w orldwide. W e affirm the district court s evaluation of the statute of frauds. W e also remand the forfeiture issue for further consideration in light of our holding on the fiduciary duty claim. W e remand for determination of damages on the claim. Since the employee in this case owed a fiduciary duty to disclose his interest in a company doing business with his employer, the district court erred in dismissing the employer s claim for breach of a fiduciary duty. This diversity case requires us to apply Texas law to three issues arising from claims that an employee secretly owned a company that competed and contracted with his employer: (1) the existence and scope of a fiduciary duty between an agent and a principal, (2) the propriety of the equitable remedy of forfeiture for breach of a fiduciary duty, and (3) the operation of the statute of frauds with respect to employment contract extensions. Before M cCO NNELL, M cKA Y, and TYM KOVICH, Circuit Judges. Smith with him on the brief) Logan & Lowry, LLP, Tulsa, Oklahoma, for Appellee. ![]() M atthew Bickell with him on the briefs) D oyle H arris D avis & Haughey, Tulsa, Oklahoma, for Appellants. A PPE AL FR OM T HE UNITED STATES DISTRICT COURT FO R TH E NO RTH ERN DISTRICT O F O K LAH O M A (D.C. IN DUSTRIA L COM PANIES, LTD., a Texas Limited Partnership, successor by conversion to J.V. INTERM EDIATE, LTD., a Texas Limited Partnership, successor by conversion to Joint Venture Piping, Inc., a Texas C orporation, and J.V. C LA YTO N RA SH, Plaintiff-Appellee, v. F I L E D United States Court of Appeals Tenth Circuit PUBLISH AugUNITED STATES CO URT O F APPEALS Elisabeth A. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |