Courts Address Conspiracy, Knowing Participation, and Aiding And Abetting...
In Rhymes v. Filter Res., Inc., a former employer sued a former employee and the employee’s new business for breach of contract, breach of fiduciary duty, and tortious interference related to the...
View ArticleInteresting Issues In Legal Ethics
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Bar Association’s Ethics Seminar on September 30, 2016, and presented “Interesting Issues In Legal...
View ArticleTexas Fiduciary Litigation Update 2015-2016
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Probate Bar’s Litigation Seminar and presented “Fiduciary Litigation Update 2015-2016.” David discussed...
View ArticleCourt Reversed Summary Judgment For A Client As Against His Financial Advisor
In Kang v. Song, Song sued Kang for fraud, violations of the Texas Securities Act, violations of Texas’s Deceptive Trade Practices Act (DTPA), breach of fiduciary duty, negligent misrepresentation,...
View ArticleCourt Affirms Finding That Will Was Lost And Not Revoked
In In the Estate of Burrell, a trial court admitted a copy of will to probate, and a contestant appealed. No. 09-14-00345-CV, 2016 Tex. App. LEXIS 10421 (Tex. App.—Beaumont September 22, 2016, no pet....
View ArticleA Trustee's Duty To Disclose In Texas
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his speech on a “Trustees’ Duty To Disclose In Texas” to the Tarrant County Bar Association’s Business and Estate...
View ArticleCourt Holds That Fiduciary Shield Doctrine Does Not Protect A Representative...
In Ren v. ANU Res., LLC, a plaintiff sued an entity and its representatives for breach of contract, breach of fiduciary duty, and other tort claims arising from investments in oil and gas properties....
View ArticleFederal Court Dismisses Beneficiary’s Breach Of Fiduciary Duty Claim For Lack...
In Strouse v. Strouse, a beneficiary sued an executor of an estate for breach of fiduciary duty. No. 4:16cv707, 2016 U.S. Dist. LEXIS 155630 (E.D. Tex. September 27, 2016). Federal district courts are...
View ArticleCourt Reverses No-Evidence Summary Judgment On Fiduciary Duty Claim Because...
In Neurodiagnostic Tex, L.L.C. v. Pierce, the court reviewed a summary judgment entered regarding an employer’s breach of fiduciary duty claim. No. 12-14-00254-CV, 2016 Tex. App. LEXIS 11754 (Tex....
View ArticleCourt Holds That There Was No Harm In Failing To Submit A Breach Of Fiduciary...
In Gengenbach v. Rodriguez, a defendant alleged a counterclaim for breach of fiduciary duty arising from a farming operation. No. 13-14-00711-CV, 2016 Tex. App. LEXIS 12289 (Tex. App.—Corpus Christi...
View ArticleCourt Affirmed Jury’s Findings Of Breach Of Fiduciary Duty By Joint Venture...
In CBIF v. TGI Friday’s, a joint venture partner sued the other partner for breaching fiduciary duties for unreasonably withholding consent regarding amending a lease and by acting out of its own...
View ArticleCourt of Appeals Granted Mandamus Relief To Transfer Venue To County Where A...
In In re Green, a beneficiary filed suit against a trustee for breach of fiduciary duty and misappropriation of corporate funds. No. 08-16-00233-CV, 2016 Tex. App. LEXIS 12830 (Tex. App.—El Paso...
View ArticleTexas Supreme Court Will Determine Whether Texas Recognizes A Tortious...
Today, the Texas Supreme Court granted a petition for review in Jackson Walker, LLPO v. Kinsel, No. 07-13-00130-CV, 2015 Tex. App. LEXIS 3586 (Tex. App.—Amarillo April 10, 2015, pet. granted). The...
View ArticleThe Texas Supreme Court Will Review A Breach Of Fiduciary Duty Claim Against...
The Texas Supreme Court granted the petition for review in Longview Energy Co. v. The Huff Energy Fund, 482 S.W.3d 184 (Tex. App.—San Antonio 2015, pet granted). In this case, the plaintiff asserted a...
View ArticleCourt Affirms Summary Judgment Holding Insurance Agent Owed No Fiduciary...
In Brown v. Carrell, homeowners filed suit against their insurance agent over damages to their home from Hurricane Ike. No. 09-15-00016-CV, 2016 Tex. App. LEXIS 13782 (Tex. App.—Beaumont December 29,...
View ArticleCourt Affirms Ruling That Adopted Adult Children Were Beneficiaries Of A Trust
In Andresakis v. Modisett, the trustors signed trust agreements in 1976 and 1981, and each agreement created three trusts, one for their daughter, one for their son, and a third trust for their only...
View ArticleCourt Refuses To Enforce Arbitration Clause Due To Lack Of Mental Capacity
In Oak Crest Manor Nursing Home, LLC v. Barba, a plaintiff sued a nursing home for negligently allowing a patient with mental disorders to leave the facility and jump from a bridge in an attempt to...
View ArticleTips For Managing The In-House And Outside Counsel Relationship
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented, “Tips for Managing the In-House and Outside Counsel Relationship” to the Tarrant County Bar Association’s Corporate...
View ArticleCourt Affirms Denial Of Statutory Bill Of Review From A Trust Contest
In In re Estate of Kam, Kam sought to set aside an order probating her brother’s will via a statutory bill of review because he purportedly lacked the requisite testamentary capacity to execute the...
View ArticleTexas Supreme Court Accepts A Case Dealing With A No-Contest Clause
In Ard v. Hudson, a beneficiary sued testamentary trustees and executors for breach of fiduciary duty and also sought an accounting, temporary injunctive relief, and a receiver. No. 02-13-00198-CV,...
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