United States Fifth Circuit

In an action brought under Texas state law against several defendants setting forth claims of misappropriation of name and identity, knowing participation in a breach of fiduciary duty, violation of the Theft Liability Act, and civil conspiracy, Rule 12(b)(6) dismissal of the action is affirmed as: 1) the misappropriate claim failed since plaintiff presented no cognizable arguments that a corporate-owned life insurance (COLI) policy constituted excessive exploitation or a reduction in value of his identity; 2) the fiduciary breach participation claim failed as plaintiff did not establish that his employer was in a fiduciary relationship with him; 3) the civil conspiracy claim failed as the underlying tort claims were properly dismissed; and 4) plaintiff failed to state a claim for equitable relief.

Appellate Information

• Decided 07/17/2007
• Published 07/18/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before JOLLY, STEWART and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Scott M. Clearman, Michael Dane Myers (argued), Brian Dean Walsh, McClanahan & Clearman, Houston, TX, for Plaintiff-Appellant., Barry A. Chasnoff, Daniel McNeel Lane, Akin, Gump, Strauss, Hauer & Feld, San Antonio, TX, for Hartford Life Ins. Co, Hartford Life Private Placement, LLC and Newport Group, Inc., Michael Craig Small (argued), Akin, Gump, Strauss, Hauer & Feld, Los Angeles, CA, for Hartford Life Ins. Co. and Hartford Life Private Placement, LLC., James K. Peden, III, Strasburger & Price, Dallas, TX, for Newport Group, Inc.