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Breach of Fiduciary Duty
Accounting Malpractice
Partnership

Felicity Hodder, M.D. and Childrens' Hospital of Orange County Pediatrics Sub-specialty Faculty, Mitchell S. Cairo, M.D., Mitchell S. Cairo, M.D., Inc

Published: May 1, 1999 | Result Date: Dec. 29, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 80488013797JMB Arbitration –  $3,332,250

Court

American Arbitration Association


Attorneys

Plaintiff

Julia L. Birkel

Todd M. Sloan


Defendant

Joseph D. McNeil


Experts

Plaintiff

Pat Szekel
(technical)

Facts

In 1990, the plaintiff, Dr. Felicity Hodder became a partner in the defendant partnersip. Her compensation and bonus were set by Letter Agreement. Commencing in 1993 through 1995, two doctors in the hematology/oncology division of the Partnership increased their draws and bonuses without complying with the requirements of the Partnership Articles. This resulted in a decrease in Dr. Hodder's compensation. Dr. Hodder left the Partnership and sought employment elsewhere. When her accountant requested copies of the Partnership accounting data, the Partnership refused to produce documents until litigation was instituted. The plaintiffs brought this action against the defendants based on accounting, breach of fiduciary duty and breach of contract theories of recovery.

Settlement Discussions

The plaintiff proposed settlement during the initial stages of the arbitration of $750,000. During the arbitration, she proposed $1.45 million plus attorneys' fees and costs. The defendants made no settlement offer.

Damages

$ ______ for _____________.

Other Information

The award was reached approximately one year after the case was filed. An arbitration was held on Aug. 23, 24; Sep. 8, 9; Nov. 11, 1998, before Warren Wolfe, of AAA, resulting in an award.

Length

five days


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