Judge I. Leo Glasser
Gasser and Gasser Chair Co. obtained judgment exceeding $15 million against Infanti and Infanti Chair Manufacturing Co. (Infanti Chair). To evade judgment, Infanti filed for bankruptcy on behalf of himself and Infanti Chair, and incorporated Infanti International Inc. (III). Infanti’s children were III’s sole shareholders. Infanti offered Kavlakian a job at Infanti International. They married in 2001. Scharpf Infanti’s coconspirator in the judgment evasion schemecreated EKI in 2002 so as to acquire III. Scharpf hired Kavlakian as EKI’s president. EKI subsequently acquired III’s assets. Infanti and Kavlakian divorced in 2006. In Infanti’s action alleging RICO violation and other claims against Scharpf and others, district court granted Kavlakian summary judgment dismissing Infanti’s fiduciary duty breach claim against her. Kavlakian’s marriage to Infanti did not itself create a fiduciary duty. Nor did Infanti support his claim that Kavlakian was his superior at III or controlled the company. Noting that Infanti was never a shareholder in III nor suffered a distinct harm the court, citing Koal Indus. v. Ashland, concluded that even if Kavlakian’s position at III created a fiduciary duty to the company, it did not create such a duty to Infanti.