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

Summary

The court affirmed the judgment imposing substantial monetary liability on Scrushy for breaches of fiduciary duty, insider trading, compensation forfeiture, and losses arising from conflicted transactions and the Digital Hospital project. It held that the derivative action was not jurisdictionally defective, that limitations and res judicata defenses were barred by the law-of-the-case doctrine, that Scrushy waived his challenge to compensation forfeiture, and that the remaining challenges failed on the merits or were unpreserved. Justice Murdock concurred in the result and in part of the rationale but declined to join the analysis concerning limitations and compensation forfeiture.