United States Second Circuit

In case alleging diversion of a corporate opportunity, orders and judgment are affirmed as the evidence was insufficient to prove lost profits, claims were all equitable, the district court properly awarded damages for breach of fiduciary duty limited to compensation paid during the time period of disloyalty, the district court did not clearly err in finding that corporate defendants did not aid and abet employee-defendant's breach of fiduciary duty, and dismissal of an overpaid commissions claim was proper.

Appellate Information

• Argued 06/19/2006
• Decided 10/19/2006
• Published 10/19/2006

Judges

• MINER, Circuit Judge:, Before: MINER and CALABRESI, Circuit Judges, and HOLWELL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jack S. Dweck, Dweck Law Firm, LLP, New York, NY, for Plaintiff-Counter-Defendant-Appellant., Leonard Benowich, Roosevelt & Benowich, LLP, White Plains, NY, for Defendant-Counterclaimant-Appellee., R. Scott Garley (Mark W. Stoutenburg, on the brief), Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., New York, NY, for Defendants-Appellees.