A court of appeals recently issued an opinion rejecting a fiduciary’s claims regarding the excessiveness of the trial court’s judgment that awarded disgorgement and exemplary damages. In Swinnea v. ERI Consulting Engineers, Inc., Snodgrass and Swinnea owned equal interests in ERI, a small consulting company that managed asbestos abatement
beneficiary right to bring claims
Court Held That A Beneficiary Could Not Usurp A Trustee’s Right To Direct Litigation And Did Not Have Standing To Sue The Trustee On Behalf Of The Trust
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re XTO Energy Inc., a beneficiary, on behalf of the trust, sued an oil and gas operator for allegedly not paying sufficient funds to the trust and also sued the trustee for refusing to bring that claim. No. 05-14-01446-CV, 2015 Tex. App. LEXIS 7723 (Tex. App.—Dallas July…