breach of fiduciary duty claim (Kentucky) · Go Syfert
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breach of fiduciary duty claim in Kentucky

10 Kentucky opinions name it 2 courts 2013–2025 5 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Baptist Physicians Lexington, Inc. v. New Lexington Clinic, P.S.C.green
ky · 2013 · cited in 2 Kentucky opinions naming this issue, 2025–2025
2 sentences

2025Baptist Physicians Lexington, Inc. v. New Lexington Clinic, P.S.C., 436 S.W.3d 189, 193 (Ky. 2013), as modified (Feb. 20, 2014). -10- Kit stated in her pleadings, which she never amended,6 only that the joint tenancy created a fiduciary duty.

2025Baptist Physicians Lexington, Inc. v. New Lexington Clinic, P.S.C., 436 S.W.3d 189, 193 (Ky. 2013), as modified (Feb. 20, 2014). -10- Kit stated in her pleadings, which she never amended,6 only that the joint tenancy created a fiduciary duty.

22
Johnson v. Colemangreen
kyctapphigh · 1956 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024We are a notice pleading jurisdiction but “the simplification and liberality extend[ed] to the manner of stating a case . . . are not so great as to obviate the necessity of stating the elements of a cause of action or defense, as the case may be.” Johnson v. Coleman, 288 S.W.2d 348, 349 (Ky. 1956).

11
Insight Kentucky Partners II, L.P. v. Preferred Automotive Services, Inc.green
kyctapp · 2016 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024The elements of a breach of fiduciary duty claim are: “(1) the defendant owes a fiduciary duty to the plaintiff; (2) the defendant breached that duty; and (3) the plaintiff suffered damages as a result of the breach.” Insight Kentucky Partners II, L.P. v. Preferred Automotive Services, Inc., 514 S.W.3d 537, 546 (Ky. App. 2016) (internal quotation marks and citation omitted).

11
Middleton v. Sampeygreen
kyctapp · 2017 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024Middleton v. Sampey, 522 S.W.3d 875, 878 (Ky. App. 2017).

11
Linda Holt v. John Griffingreen
ca6 · 2017 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023Osborn v. Griffin, 865 F.3d 417, 437 (6th Cir. 2017).

11
Motient Corp. v. Donderogreen
texapp · 2008 · cited in 1 Kentucky opinions naming this issue, 2019–2019
1 sentence

2019The facts of Lawrence’s breach of fiduciary duty claim do not “parallel” the facts of his legal malpractice claim; the facts giving rise to the alleged various instances of deficient performance on the part of Bingham in representing Lawrence in his criminal case have nothing to do with the facts giving rise to Bingham allegedly 34 In re Piper, 244 F.3d at 1301 . 33 Id. at 1302 . 36 Motient Corp. v. Dondero, 269 S.W.3d 78, 83 (Tex. App. 2008) (citing Agrilectric Power Partners, Ltd. v. Gen.

11
Willard v. Moneta Building Supply, Inc.green
va · 1999 · cited in 1 Kentucky opinions naming this issue, 2013–2013
2 sentences

2013We recognized in Willard v. Moneta Building Supply, Inc., 258 Va. 140, 151 , 515 S.E.2d 277, 284 (1999) that “Code § 13.1.690(A) does not abrogate the common law duties of a director.” However, the protection of § 13.1-690(0 applies only to acts “taken as a director, or any failure to take any action,” and is confined to the exercise of business judgment on behalf of the corporation.

2013We recognized in Willard v. Moneta Building Supply, Inc., 258 Va. 140, 151 , 515 S.E.2d 277, 284 (1999) that “Code § 13.1.690(A) does not abrogate the common law duties of a director.” However, the protection of § 13.1-690(0 applies only to acts “taken as a director, or any failure to take any action,” and is confined to the exercise of business judgment on behalf of the corporation.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Abbott v. Chesley green
ky · 2013
2 sentences

2016In Abbott v. Chesley, 413 S.W.3d 589 (Ky. 2013), we determined that the circuit court properly entered summary judgment against Cunningham, Gallion, and Mills on the breach of fiduciary duty claim.

2016In Abbott v. Chesley, 413 S.W.3d 589 (Ky.2013), we determined that the circuit court properly entered summary judgment against Cunningham, Gal-lion, and Mills on the breach of fiduciary duty claim.

22016–2016
Kaiser Aerospace & Electronics Corp. v. Teledyne Industries, Inc. green
ca11 · 2001
2 sentences

2019The facts of Lawrence’s breach of fiduciary duty claim do not “parallel” the facts of his legal malpractice claim; the facts giving rise to the alleged various instances of deficient performance on the part of Bingham in representing Lawrence in his criminal case have nothing to do with the facts giving rise to Bingham allegedly 34 In re Piper, 244 F.3d at 1301 . 33 Id. at 1302 . 36 Motient Corp. v. Dondero, 269 S.W.3d 78, 83 (Tex. App. 2008) (citing Agrilectric Power Partners, Ltd. v. Gen.

2019The facts of Lawrence’s breach of fiduciary duty claim do not “parallel” the facts of his legal malpractice claim; the facts giving rise to the alleged various instances of deficient performance on the part of Bingham in representing Lawrence in his criminal case have nothing to do with the facts giving rise to Bingham allegedly 34 In re Piper, 244 F.3d at 1301 . 33 Id. at 1302 . 36 Motient Corp. v. Dondero, 269 S.W.3d 78, 83 (Tex. App. 2008) (citing Agrilectric Power Partners, Ltd. v. Gen.

12019–2019
Hoskins v. Maricle green
ky · 2004
1 sentence

2019To prevail under the second class of writs, McBrayer must show “that the lower court is acting or is about to act erroneously . . . and there exists no adequate remedy by appeal or otherwise and great injustice and irreparable injury will result if the petition is not granted.” Hoskins, 150 S.W.3d at 10 .

12019–2019

Where else courts name it

TX 277 (1999–2026) NY 167 (1998–2026) CA 89 (1990–2026) DE 75 (1996–2026) IL 67 (1991–2025) OH 45 (1999–2026) NC 40 (1989–2026) GA 25 (1989–2026) PA 25 (1986–2024) WA 22 (2000–2026) CO 21 (1987–2026) FL 16 (1984–2026) UT 15 (2010–2025) MA 13 (1996–2026) SC 13 (2004–2025) MO 13 (1990–2024) MD 12 (1991–2022) MI 11 (2002–2025) AL 11 (1987–2018) WI 11 (2005–2025) ME 11 (2002–2023) LA 10 (1988–2022) KY 10 (2013–2025) NJ 9 (2002–2026) IN 9 (2001–2025) VA 9 (1996–2026) AZ 8 (1999–2023) IA 8 (2000–2023) CT 8 (1998–2025) DC 8 (1992–2025) OR 8 (1979–2015) MN 7 (1999–2024) MS 6 (2001–2009) ID 6 (1992–2026) NM 5 (1997–2018) WV 5 (2018–2023) KS 5 (1992–2026) ND 4 (2004–2010) RI 4 (2003–2019) OK 3 (2009–2017) SD 2 (2009–2014) AK 2 (2010–2019) NV 2 (2010–2024) HI 2 (2025–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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