Disgorgement for WRONGDOING
What is disgorgement and what are the proper measure of damages when seeking disgorgement? If you have ever asked yourself these questions, the case of Bailey v. St. Louis, 44 Fla.L.Weekly D128a (Fla. 2d DCA 2018), answers both in a bitter dispute with two appeals dealing with awarded damages associated with claims for breach of fiduciary duty, defamation, conspiracy, slander per se, tortious interference, and violation of Florida’s Deceptive and Unfair Trade Practices Act. You name it, this case seemed to include it! Applicable here, however, is the damages associated with disgorgement which is designed to prevent a wrongdoer from...
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