Richard Scrushy v. Wade C. Tucker and the Wendell J. Cook, Sr., Testamentary Trust, John P. Cook

Summary

The court affirmed a $2,876,103,000 judgment against Richard Scrushy in a derivative action brought on behalf of HealthSouth. It held that the allegedly deficient original complaint did not deprive the trial court of subject-matter jurisdiction, that Scrushy could not raise limitations and res judicata defenses for the first time on the second appeal, and that the remaining challenges to compensation forfeiture, insider-trading liability, joinder, business-judgment protection, and evidence admission failed. Justice Murdock concurred in the result but declined to join the court's analysis of the statute-of-limitations and res judicata issues and the compensation-forfeiture issue.