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New Trial Ordered In Breach Of Fiduciary Duty Action; Limited To Remedies Only.

December 31, 2014 by Leave a Comment

Breach Of Fiduciary Duty 2 Preferred shareholders in a now-dissolved software company brought action against the company’s chief financial and chief executive officers, contending they colluded to secure a preferential sale of the company’s assets to another company, thus violating their fiduciary duties. The court, after a bench trial, concluded the two had committed a breach of fiduciary duty, but that plaintiffs did not prove damages. The appellate court reversed, stating it agreed “the trial court erred in failing to craft a remedy, as well as in conducting its own in camera review of financial documents. We will reverse and remand for a new trial limited to the issue of remedies.” (Meister v. Mensinger (Cal. App. Sixth Dist.; October 6, 2014) 230 Cal.App.4th 381 [178 Cal.Rptr.3d 604].)-

Filed Under: Appellate Law News, Business Law Education, Business Law News, Corporate Law News, Damages Law News, Legal News

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