Court Affirms Jury Finding Of No Breach Of Fiduciary Duty In Partnership Dispute
In Thunder Rose Enters. v. Kirk, the plaintiffs sued the defendant for various claims, including breach of fiduciary duty based on an alleged partnership dispute. No. 13-15-00431-CV, 2017 Tex. App....
View ArticleTexas Supreme Court Refuses To Rule On Whether Texas Recognizes Tortious...
In Jackson Walker LLPO v. Kinsel, Lesey and E.A. Kinsel owned a ranch, and when E.A. died, he divided his half between his children and Lesey. Jackson Walker, LLPO v. Kinsel, No. 07-13-00130-CV, 2015...
View ArticleCourt Holds That Fiduciary Duties Did Not Arise In A Licensing Transaction
In Jacked Up, LLC v. Sara Lee Corp., Jacked Up entered into a licensing agreement whereby Sara Lee would produce and sell energy drinks developed by Jacked Up. No. 15-11019, 2017 U.S. App. LEXIS 7311...
View ArticleIn A Usurpation Of Corporate Opportunity Case, The Texas Supreme Court...
In Longview Energy Co. v. The Huff Energy Fund, LP, Longview Energy Company sued two of its directors and their affiliates after discovering one affiliate purchased mineral leases in an area where...
View ArticleCourts Hold That Fiduciaries Waived Complaints About Trial Court Orders
In In re Estate of Roach, a trial court removed an executor for multiple grounds, including: (1) Texas Estates Code Section 404.0035(b)(5), which authorizes removal when an independent executor becomes...
View ArticleTexas Supreme Court Will Decide Whether Texas Recognizes A Tortious...
In Anderson v. Archer, the trial court’s judgment awarded the plaintiffs $2.5 million in damages based on a tortious interference with inheritance claim. No. 03-13-00790-CV, 2016 Tex. App. LEXIS 2165...
View ArticleCourt Reviews Damages For Mental Anguish, Exemplary Damages, and Other...
In Wells Fargo v. Militello, a trustee appealed a judgment from a bench trial regarding a beneficiary’s claims for breach of fiduciary duty, negligence, and fraud. No. 05-15-01252-CV, 2017 Tex. App....
View ArticleCourt Reverses Summary Judgment For Directors Because They Could Not Consent...
In Corley v. Hendricks, three individuals (Gaylen, Dan, and Corley) operated a business as shareholders, officers, and directors. No. 02-16-00293-CV, 2017 Tex. App. LEXIS 3846 (Tex. App.—Fort Worth...
View ArticleCourt Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade...
In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into...
View ArticleCourt Reversed A Finding Of Breach Of Fiduciary Duty (And $470,000,000...
In Enterprise Prods. Partners, L.P. v. Energy Transfer Partners, L.P., the jury found Enterprise Products Partners, L.P. (“Enterprise”) was in a general partnership with Energy Transfer Partners, L.P....
View ArticleCourt Holds That Majority Shareholders In Closely Held Corporation Do Not Owe...
In Herring Bancorp, Inc. v. Mikkelsen, a corporation acquired a majority of the outstanding shares of preferred stock by “repurchasing” those shares in accordance with the articles of incorporation,...
View ArticleCourt Holds That Board Of Trustees Of A Nonprofit Do Not Owe The Same Duties...
In Young v. Heins, Young brought third-party claims against the board of trustees of a nonprofit home owner association for breach of fiduciary duty, breach of the duty of good faith and fair dealing,...
View ArticleCourt Affirms Submission of Mitigation Instruction In A Breach Of Fiduciary...
In E.L. & Associates v. Pabon, a company sued two former directors and their son for breaching fiduciary duties when the company lost a lease for a restaurant it operated and the directors’ son...
View ArticleCourt Holds That Former Broker Did Not Owe Fiduciary Duties To Client...
In Holmes v. Newman, the plaintiff made an investment in a start-up internet company that provided betting tips to gamblers for a fee. No. 01-16-00311-CV, 2017 Tex. App. LEXIS 6177 (Tex. App.—Houston...
View ArticleCourt Held That Estate Representative Was Entitled To Discover Documents To...
In In re Cokinos, Boisien & Young, a representative of an estate of a deceased attorney sought documents from a law firm related to an alleged agreement to share fees. No. 05-16-01331-CV, 2017 Tex....
View ArticleCourt Affirms Arbitration Decision Arising From Trust Dispute
In Saks v. Rogers, a beneficiary of a trust challenged a trial court’s enforcement of an arbitration decision. No. 04-16-00286-CV, 2017 Tex. App. LEXIS 6923 (Tex. App.—San Antonio July 26, 2017, no...
View ArticleNew Texas Statutes That Impact Fiduciaries Become Effective Today (9/1/2017)
The Texas Legislature passed, and the Governor has signed, a new act that creates new protections for vulnerable individuals. This impacts financial institutions, broker/dealers, and investment...
View ArticleCourt Affirms Summary Judgment In Will Contest Where There Was No Evidence Of...
In Estate of Frye, parties filed an application to set aside an order probating a will due to an allegation of undue influence. No. 07-16-00398-CV, 2017 Tex. App. LEXIS 6992 (Tex. App.—Amarillo July...
View ArticleTexas Adopts New Legislation Protecting Vulnerable Persons From Financial...
The Texas Legislature passed, and the Governor has signed, a new act that creates new protections for vulnerable individuals. HB 3921 creates a new chapter 280 of the Texas Finance Code and a new...
View ArticleTexas Supreme Court Enforces Forum-Selection Clause In Breach Of Fiduciary...
In Pinto Tech. Ventures, L.P. v. Sheldon, the Texas Supreme Court held that business tort claims, including breach of fiduciary duty, were subject to a forum-selection clause in a shareholders...
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