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 agreement. No. 16-0007, 2017 WL 2200357, at *9 (Tex. May 19, 2017). The plaintiffs, two shareholders, asserted business tort
Cases Decided
Texas Supreme Court Will Decide Whether Texas Recognizes A Tortious Interference With Inheritance Claim
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
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 (Tex. App.—Austin March 2, 2016, pet. granted). The defendants appealed and argued that Texas law does not recognize such…
In A Usurpation Of Corporate Opportunity Case, The Texas Supreme Court Reversed A Constructive Trust Due To A Failure To Trace The Property To The Alleged Fiduciary Breaches And Reversed A Disgorgement Award Because There Was No Finding Of The Fiduciaries’ Profits
By David Fowler Johnson on
Posted in Cases Decided, 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 Longview had been investigating the possibility of buying leases. No. 15-0968, 2017 Tex. LEXIS 525 (Tex.
Texas Supreme Court Refuses To Rule On Whether Texas Recognizes Tortious Interference With Inheritance Rights And Affirms A Constructive Trust Based On A Finding Of Mental Incompetence
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
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 Tex. App. LEXIS 3586 (Tex. App.—Amarillo April 10, 2015), aff’d in part, 2017…
Texas Supreme Court Addresses The Causation Requirement For A Breach Of Fiduciary Duty Claim And Conspiracy, Aiding And Abetting Breach Of Fiduciary Duty, And Joint Venture Theories
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In First United Pentecostal Church of Beaumont v. Parker, a church hired an attorney to defend it against sexual abuse allegations. 2017 Tex. LEXIS 295 (Tex. March 17, 2017). During the same time, the church also engaged the attorney to assist in a hurricane/insurance claim. When the insurance company…
Texas Supreme Court Holds that Individual Beneficiary Had Standing to Bring a Legal Malpractice Claim Involving a Loan From an Account Managed by a Corporate Trustee
By Joseph Regan on
Posted in Cases Decided, Texas Supreme Court
On May 27, 2016, the Texas Supreme Court held that an individual beneficiary of a self-directed retirement account managed by a corporate trustee had standing to bring legal malpractice claims against a law firm based on advice allegedly given regarding loans from the retirement account. Linegar v. DLA Piper US, …
Court Addresses Common-Disaster Provision In Will
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Stephens v. Beard, a husband shot his wife, who died immediately, and then shot himself. He died hours later in the hospital. No. 12-13-00160-CV, 2014 Tex. App. LEXIS 3895 (Tex. App.—Tyler April 10, 2014), rev’d, No. 14-0406, 2016 Tex. LEXIS 219 (Tex. March 18, 2016). Their wills …
An Estate Had No Breach of Contract Claim Against A Bank Arising From A Joint Account Where The Estate Was Not Damaged
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Bank of America, N.A. v. Eisenhauer, a husband and wife set up a certificate of deposit account with a bank where the account was a survivorship account and also had payable on death beneficiaries. No 14-0486-CV, 2015 Tex. LEXIS 1005 (Tex. October 30, 2015). So, after one spouse…
The Statute of Limitations for Bills of Review in Estate Cases Are Two Years
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Valdez v. Hollenbeck, parties attempted to sue an administrator for thefts from the estate by a third person around 1995 after the court had discharged the administrator in 1996. No. 13-0709, 2015 Tex. LEXIS 556 (Tex. June 12, 2015). The Texas Supreme Court held that all bills of…