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Tidikis v. Network for Med. Communications & Research LLC

The plaintiff did not completely fail to state a cause of action for breach of fiduciary duty in his wrongful termination action, even though his employment contract gave his employer the right to terminate him without cause, because the contract also included language purporting to establish a confidential relationship.

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After he was terminated from his employment, Frank Tidikis filed suit against his former employer, Network for Medical Communication & Research LLC “NMCR”, its two founders, and American Capital Strategies, Ltd., asserting multiple causes of action. The defendants moved for judgment on the pleadings, and the trial court granted the motion. Tidikis appeals. For reasons that follow, we affirm in part and reverse in part. “On motion for judgment on the pleadings, the trial court is required to accept all well pleaded material allegations of fact as true, but need not adopt a party’s legal conclusions based on these facts.”1 And, in considering such motion, the trial court may consider an exhibit contained within the pleading.2 The granting of judgment on the pleadings “is proper only where there is a complete failure to state a cause of action or defense, and the movant is thus entitled to judgment as a matter of law.”3

Viewed in this manner, the complaint alleges that in July 2001, Frank Tidikis became President and Chief Executive Officer of Network for Medical Communication & Research, LLC, “NMCR”, a company founded by Dr. Joe Allegra and Dr. Stanley Winokur. Tidikis signed an employment contract, which provided for an initial three year term, after which the contract would automatically renew for one year terms.

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