United States Tenth Circuit

In a contract and fraud action involving claims that plaintiff-employee secretly owned a company that competed and contracted with his employer, orders entered against defendant-employer are affirmed in part and reversed in part where: 1) because 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 employer's breach of fiduciary duty claim; 2) consequently, an issue regarding the propriety of the equitable remedy of forfeiture for breach of a fiduciary duty is remanded; and 3) the district court's evaluation of the statute of frauds with respect to employment contract extensions was proper.

Appellate Information

• Decided 08/22/2007
• Published 08/23/2007

Judges

• TYMKOVICH, Circuit Judge., Before McCONNELL, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Steven M. Harris (C. Matthew Bickell with him on the briefs) Doyle Harris Davis & Haughey, Tulsa, OK, for Appellants.


• For Appellees:
  
• David E. Jones (Donna L. Smith with him on the brief) Logan & Lowry, LLP, Tulsa, OK, for Appellee.