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eBook details

• Title: State v. R.M.H.
• Author : Minnesota Court of Appeals
• Release Date : January 16, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

This appeal concerns a Ph.D. candidates claim that her faculty dissertation advisor stole her ideas and falsely accused her of plagiarism. We must decide whether the advisors alleged theft and her reports that the candidate engaged in plagiarism support the candidates action against the advisor for breach of fiduciary duty. Former "online university" instructor Sharon Bender appeals a district court judgment requiring her to pay her former dissertation advisee Mary Swenson $60,000 in damages for breach of fiduciary duty. Bender asserts that the district court improperly considered the fiduciary-duty claim and challenges the conclusion that she breached a fiduciary duty to Swenson. Bender also contends that the district court erred by considering Swensons common-law conversion-of-intellectual-property claim, and she challenges the district courts interlocutory award of attorney fees. Because we conclude that Bender neither owed nor breached a fiduciary duty and because the district court exceeded its discretion when it awarded attorney fees, we reverse.

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