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Henley v. Lee

11/6/2000

turned from disability leave. Even assuming Martin harbored and displayed animosity towards Henley, created an 'oppressive' atmosphere within the firm, and chose, for whatever reason, not to assign as many cases to Henley as he had in the past, the specific facts supporting these allegations do not establish a breach of fiduciary duty. Henley, a shareholder of the firm in his own right, was not precluded from developing clients of his own and he continued to receive a base salary and bonuses during the period relevant to this appeal. The trial court correctly dismissed his claim for breach of fiduciary duty.


In sum, we conclude that Henley has failed to present a prima facie claim for disability discrimination and breach of fiduciary duty, but hold that his retaliation claim against Lee Smart survives summary judgment and the trial court erred in dismissing his oppression claim on the pleadings.


Affirmed in part, reversed in part, and remanded for further proceedings.






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