Halperin v. Halperin

In action by plaintiff-shareholder in closely-held corporation alleging that defendant-family member of plaintiff and another shareholder in said corporation fraudulently misrepresented amount of compensation that defendant received from said corporation in his role as CEO and president of said corporation, Dist. Ct. did not err in rejecting plaintiff’s proffered jury instruction regarding amount of information defendant was required to disclose about his compensation, since said instruction was essentially same instruction that Dist. Ct. submitted to jury. Moreover, although jury found that defendant had breached fiduciary duty to plaintiff, jury also found that plaintiff’s claim was filed beyond applicable five-year limitations period and beyond any period allowed by discovery rule, where plaintiff could have timely obtained knowledge about defendant’s compensation through corporate records that disclosed total executive compensation to three corporate officers.