Robert L. & Julia T. McCullough v. Scarbrough, Medlin & Associates, Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that under a breach of fiduciary duty theory, a party can recover economic and exemplary damages, and receive an equitable disgorgement remedy, but cannot simultaneously recover attorney’s fees or statutory damages on claims that all concerned the same conduct
• explaining that fiduciaries must make a full disclosure of material facts in their knowledge as the facts relate to the parties’ fiduciary relationship
• depositing money belonging to company into 20 personal accounts and not accounting for money or remitting it to company, plus refusing requests to provide information to company, is some evidence of intent to deprive company of money
• trial court signed -final judgment for “equitable forfeiture and disgorgement remedy” based on difference between jury’s findings as to amount fiduciary received and amount he was entitled to receive
• “[U]njust enrichment is not an independent claim; rather it is a theory of recovery.”

Source: CourtListener parenthetical corpus (CC0).