In Steer Wealth Mgmt., LLC v. Denson, Denson, in her individual capacity and as executor of her husband’s estate, sued Steer Wealth Management, LLC, for causes of action including breach of fiduciary duty, breach of contract and fraud arising out of the alleged improper transfer of assets from several
arbitration
Court Refuses To Enforce Arbitration Clause Due To Lack Of Mental Capacity
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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 commit suicide. No. 03-16-00514-CV, 2016 Tex. App. LEXIS 12710 (Tex. App.—Austin December 1…
A Party Does Not Owe a Duty to Inform Another Regarding the Meaning and Impact of an Arbitration Clause
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Greenberg Traurig, LLP v. Nat’l Am. Ins. Co., a client sued its attorney for malpractice. 448 S.W.3d 115 (Tex. App.—Houston [14th Dist.] 2014, no pet.). The defendant filed a motion to compel arbitration due to an arbitration clause in the parties’ engagement agreement. The plaintiff alleged that the…
