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Klinek v. Luxe Yard

Appellant challenged a judgment ordering him to disgorge to appellee the profits obtained by conspiring in another shareholder's breach of fiduciary duty.

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OPINION In this appeal from the judgment rendered after a non-jury trial, appellant Robert Klinek challenges the judgment ordering him to disgorge to appellee Luxeyard, Inc. the profits he obtained by conspiring in shareholder Kevan Casey’s breach of fiduciary duty. Klinek also contends the trial court miscalculated the amount of those profits, as well as the damages awarded to him in his successful counterclaim for breach of contract. Regarding Klinek’s appeal of the disgorgement judgment against him, we conclude that (a)LuxeYard sufficiently alleged that Klinek conspired in a breach of

fiduciary duty, (b)the claim is not barred by LuxeYard’s failure to sue Casey in this

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