Legal Opinion
Rash v. J v. Intermediate, Ltd.
Court of Appeals for the Tenth Circuit
Decided August 22, 2007No. 06-5128PublishedCited by 11 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
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.
Since the employee in this case owed a fiduciary duty to disclose his interest in a company doing business with his employer, the…
2Cases cited24 opinions
- Johnson v. Brewer & Pritchard, P.C.Texas Supreme Court · 2002
- Schlumberger Technology Corp. v. SwansonTexas Supreme Court · 1997
- Associated Indemnity Corp. v. CAT Contracting, Inc.Texas Supreme Court · 1998
- Burrow v. ArceTexas Supreme Court · 1999
- Kinzbach Tool Co. v. Corbett-Wallace Corp.Texas Supreme Court · 1942
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pompa v. American Family Mutual InsuranceCourt of Appeals for the Tenth Circuit · 2008
- Apartment Investment & Management Co. v. Nutmeg InsuranceCourt of Appeals for the Tenth Circuit · 2010
- Van Zanen v. Qwest Wireless, L.L.C.Court of Appeals for the Tenth Circuit · 2008
- COREBRACE LLC v. Star Seismic LLCCourt of Appeals for the Federal Circuit · 2009
- PayoutOne v. Coral Mortgage BankersDistrict Court, D. Colorado · 2009
6 more not listed; retrieve them via the Exa API.