Eckert v. Roux and Roux and Associates, a Professional Medical Corporation

Mr. Roux had the honor and privilege of representing his father and his father's medical corporation in protracted litigation with a former member of the professional medical corporation which lasted 21 years.  In the last aspect of the case, a minority shareholder in Roux and Associates brought an action against Dr. Roux asserting a derivative claim for breach of fiduciary duty and asserting individual claims for breach of fiduciary duty, mismanagement of corporate assets and self-dealings.  During the course of the litigation, the Trial Court granted an Exception of Right of Action regarding the minority shareholder's individual claims.  Eventually, the remaining claims proceeded to trial where the District Court and the Court of Appeal held that the minority shareholder had no right of action in his individual capacity to bring a breach of fiduciary duty claim and that the minority shareholder failed to prove the majority shareholder exercised gross negligence. The plaintiff's claims in this case, at one point, exceeded $5 million.

 Eckert v. Roux and Roux and Associates, a Professional Medical Corporation, 09-1016 (La. App. 5th Cir., 3/23/10), 39 So. 3d, 636 (2010).