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Damages For Breach Of Fiduciary Duty

Punitive damages go beyond compensatory damages and are designed to punish the party that violated the fiduciary duty in question. Such punitive damages not only discourage the defendant from committing the same breach of fiduciary duty in the future, but they also send a message to society at large that breaching fiduciary duty will result in consequences for offenders. Punitive damages are …

Mortgage lenders' equitable remedies for breach of fiduciary duty and breach of trust [1]Miley v. Openheimer, 637 F.3d 318 (1981) is “the seminal case on damages in a suitability case[.]” [2] A “surcharge” is relief in the form of monetary compensation for …

Damages – The plaintiff must have suffered damages, for which the breach was the proximate cause; a breach without damages is not actionable. Breach of Fiduciary Duty: Remedies A plaintiff who prevails in a breach of fiduciary duty lawsuit typically will recover for actual damages incurred, but also may recover punitive damages if the breach can be proven to have been committed out of malice …

Fiduciary duty in Texas is a relationship in which one party has the responsibility to act in the interest of another. The fiduciary has a duty to be loyal and honest toward to the dependent party, as the fiduciary has a certain standard to live up to. When this standard is not adhered to, there has been a …

breach of fiduciary duty, negligent misrepresentation, fraud by nondisclosure, unjust enrichment and exemplary damages. The suit seeks over $14 million in damages in total. The lawsuit alleges that in …

Assessing the damages available for a claim for breach of fiduciary duty requires that a litigant carefully consider the question of which state’s law will apply to a breach of fiduciary duty claim.

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A Dallas-based healthcare diagnostic services provider filed a $14 million lawsuit against its former accounting firm for negligence, breach of fiduciary duty, negligent misrepresentation, fraud by no…

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unjust enrichment and recharacterization of intercompany notes as equity claims against Noble and claims of breach of fiduciary duty and aiding and abetting breach of fiduciary duty against the …

However, he held that Medsted had not breached any duty (whether fiduciary in nature or otherwise … It therefore followed that Medsted was not in breach of any duty and there was no basis on which d…

The company alleged cause and sought damages of $1.7 million for unjust enrichment, breach of fiduciary duty and fraud, as well as another $50,000 in punitive damages. After an 11-day trial in Toronto …