Complaint adequately alleging breach of fiduciary duty and tortious interference with prospective economic advantage, claiming that Defendant failed to disclose a corporate opportunity to purchase a competing business and exploited a client referral to his advantage. Plaintiff adequately pled that Defendant, as an employee and in his duties similar to that of an officer or director, owed a fiduciary duty to Plaintiff. Plaintiff properly pled a breach of fiduciary duty under the corporate opportunity doctrine. Plaintiff properly pled that competing business was in the same "line of business" because it provided comparable products and services to the same clientele as Plaintiff. Complaint alleged facts showing that Defendant acted with the purpose of injuring Plaintiff's expectancies in that he usurped a corporate opportunity for his own benefit and to the detriment of Plaintiff. (CUNNINGHAM and HARRIS, concurring.)
Illinois Appellate Court
Civil Court
Corporations