2024 Supreme(US)(ca5) 41
COURT OF APPEALS FOR THE FIFTH CIRCUIT
Savoie – Appellant
Versus
Pritchard – Respondent
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED November 25, 2024 No. 23-30783 ____________ Lyle W. Cayce Clerk Kenny Savoie,
Plaintiff—Appellant,
versus Thomas Pritchard,
Defendant—Appellee. ______________________________
Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:21-CV-1910 ______________________________ Before Dennis, Southwick, and Engelhardt, Circuit Judges. Kurt D. Engelhardt, Circuit Judge: In this breach-of-contract case arising from a wage payment dispute, former employee and Louisiana resident Kenny Savoie (Savoie) appeals the dismissal of claims against his boss and Virginia resident, Thomas Pritchard (Pritchard), for lack of personal jurisdiction. Pritchard contends the fiduciary shield doctrine precludes jurisdiction based on his purely corporate contacts with Louisiana. Savoie counters that the fiduciary shield doctrine is dead. Be- cause we find life within it, we AFFIRM. Case: 23-30783 Document: 60-1 Page: 2 Date Filed: 11/25/2024
No. 23-30783
I. Factual and Procedural Background Savoie is a former employee of Pritchard Energy Advisors, LLC d/b/a Pritchard Griffin Advisors (PGA). Co-owned by Pritchard and another indi- vidual named Ken Griffin (Griffin), PGA was a Texas LLC and financial ser- vices company that raised capital to facilitate oil and gas transactions. In 2016, before Savoie’s employment with PGA, PGA and an energy company, Empire Petroleum Corporation (Empire), entered into an agreement whereby PGA would raise capital for Empire in exchange for a retainer, suc- cess fee, and common stock. In July 2017, PGA offered Savoie a compensation-based senior posi- tion within the company, assisting PGA clients with securing upstream oil and gas opportunities. The offer letter, signed by Griffin, promised a com- pensation structure with splits favorable to Savoie based on deals he origi- nated and even those he did not. The offer also indicated he would receive 5% on capital raised. Under these terms, Savoie began working with Pritchard to assist Empire in developing its oil and gas operations. Shortly after Savoie joined PGA, Pritchard became Empire’s CEO. In September 2018, Savoie followed Pritchard, joining Empire as Vice President of Operations. On April 2, 2019, Empire terminated Savoie. Following his termination, Savoie emailed Pritchard seeking compensation under the terms of the 2017 offer letter for Savoie’s allegedly successful efforts as a PGA em- ployee on Empire’s behalf. Pritchard responded, explaining that Savoie was not entitled to compensation because PGA had not received any on the pro- jects Savoie mentioned. This suit followed. On July 1, 2021, Savoie filed his complaint in the United States Dis- trict Court for the Western District of Louisiana asserting claims for breach of contract and violations of the Louisiana Wage Payment Act. Savoie alleged that PGA received ample fees and revenue from Empire as a result of
2 Case: 23-30783 Document: 60-1 Page: 3 Date Filed: 11/25/2024
No. 23-