Rash v. J.V. Intermediate, Ltd

United States Court of Appeals for the Tenth Circuit

498 F.3d 1201 (2007)

Relevant factsFree

W. Clayton Rash (defendant) was hired to manage a Tulsa division of J.V. Intermediate, Ltd. (JVIC) (plaintiff), devoting his full working time to the company, and while serving as manager repeatedly selected Total Industrial Plan Services (TIPS) to provide scaffolding services for JVIC projects without ever disclosing that he personally owned TIPS. Even after JVIC opened its own competing scaffolding division, Rash never used it; JVIC sued Rash for breach of fiduciary duty and moved for summary judgment.

IssueFree

Whether an agent has a fiduciary duty to fully disclose all matters pertinent to a principal's business.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Start free Log in