Brown v. Woolf
United States District Court for the Southern District of Indiana
554 F.Supp. 1206 (1983)
Sports agent Woolf (defendant) advised hockey player Brown (plaintiff) to reject a guaranteed $80,000-per-year NHL contract in favor of a purportedly guaranteed $160,000-per-year, five-year WHL contract worth $800,000 total; the new team suffered financial trouble and Brown ultimately collected only $185,000, while Woolf still collected his full 5% fee based on the entire $800,000 promised value. Brown sued for constructive fraud and breach of fiduciary duty, alleging Woolf failed to investigate the new team's finances while still profiting fully from the deal; Woolf moved for partial summary judgment and dismissal.
Whether Indiana's tort of constructive fraud raises factual questions generally unsuitable for resolution on summary judgment or dismissal.