Fiduciary Duty

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Oravecz v. New York Life Ins. Co., 95 Cal. Rptr. 3d 1 (Cal. Ct. App. 2009)

Paul Oravecz sued Steve Roth and New York Life (which was allegedly Roth’s employer) after losing money in an investment in an offshore foreign currency trading fund, which Oravecz alleged was a “Ponzi scheme.” Among the claims Oravecz alleged against New York Life were negligent misrepresentation, failure to…

LaRue v. DeWolff, Boberg & Associates, Inc., 552 U.S. 248, 128 S. Ct. 1020 (2008)

James LaRue directed DeWolff, his former employer, to make certain changes to the investments in his individual 401(k) account, but DeWolff failed to effect those changes as directed. LaRue alleged that DeWolff breached its fiduciary duty to him under ERISA by failing to carry out his instructions, which resulted…

Jalali v. Root, 109 Cal. App. 4th 1768 (2003)

Farideh Jalali sued her former employer for racial discrimination and sexual harassment. During the first phase of the trial, the jury awarded Jalali $750,000 in compensatory damages. During the punitive damages phase of the trial, the employer offered to settle the matter for $2.75 million for all claims, conditioned on confidentiality. Jalali accepted the offer…

Dodge, Warren & Peters Ins. Serv., Inc. v. Riley, 105 Cal. App. 4th 1414 (2003)

James W. Riley and several of his co-workers were terminated from Dodge, an insurance brokerage firm, after Dodge learned of their intention to obtain copies of documents maintained in Dodge’s files and computer storage media before opening their own competing insurance brokerage. Dodge filed a complaint against Riley, et…