David F. Johnson presented his paper “Trustee Quandary: Criminal Activity By a Beneficiary With or On Trust Property,” to the Tarrant County Probate Bar Association on March 5, 2020. The presentation dealt with a trustee managing trust assets that are being used by a beneficiary in the course of criminal
Recorded Webinar – Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Will Disputes
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated with these litigation-altering clauses such as common defenses, standards for
Webinar – Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Will Disputes
Join us for a complimentary webinar on the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes. We will also discuss other related issues associated with these litigation-altering clauses such as common defenses, standards for enforcement, and potential forms for these
The Texas Legislature Has Limited Discovery Of A Defendant’s Net Worth For Exemplary Damage Claims
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages are neither economic nor noneconomic damages. “Exemplary damages” includes punitive damages. Tex. Civ. Prac. & Rem. Code Ann. §
Recorded Webinar – Texas Fiduciary Litigation Update: 2018-2019
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gunn Trusts, statute of limitations, quasi-estoppel, arbitration, conspiracy, employee liability, and other issues.
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David F. Johnson Included in “Most Popular Reads in 2019” by JD Supra
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, was selected for JD Supra’s “Most Popular Estate Planning Reads in 2019.”
The blog post, “Court Holds That a Will Left a Partial Intestacy,” is listed as the
Presentation: The Use of Arbitration, Forum-Selection, Jury-Waiver Clauses in Trust & Estate Litigation
David F. Johnson presented his paper “The Use of Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Estate Litigation in Texas” to the Texas Bar Association’s Fiduciary Litigation Course in San Antonio on December 5, 2019. This presentation discussed the general purposes for those clauses, the standards for enforcement, procedural
Contractual Jury Waivers in Trust and Estate Litigation in Texas
I. Introduction
Individuals execute trusts and wills to determine how certain assets are to be managed and distributed. Those same individuals may want to have some control over the dispute resolution process for any conflicts
Presentation: Detecting Elder Abuse and The Duty to Report Financial Exploitation
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Detecting Elder Abuse and The Duty to Report Financial Exploitation” to the Southwest Association of Bank Counsel on Thursday, September 26, 2019, in Santa Fe, New Mexico. This presentation focused on factors to detect the two main tools of elder abuse, undue influence and mental incompetence, and also discussed a financial institution’s duty to report elder abuse to the proper authorities. David also discussed financial institutions’ potential liability risk for failing to detect and report elder abuse. The paper, PowerPoint, and a recent CFPB alert on elder abuse are attached.
Presentation: Summary Judgments in Texas
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog recently presented his paper on “Summary Judgments in Texas” at the State Bar of Texas’s Advanced Civil Appellate Course in Austin, Texas. This presentation included a discussion of the finality of summary judgments,