In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.). Over several years, the account lost most of its worth, and the client sued the advisor for breach of
Presentation: Bad Boys, Bad Boys – Ramification for Intentional Breaches of Fiduciary Duties by Trustees
David F. Johnson presented “Bad Boys, Bad Boys: Ramification for Intentional Breaches of Fiduciary Duties by Trustees” to the Corpus Christi Estate Planning Council. This presentation addressed the following issues: pre-trial remedies; Texas Trust Code provisions dealing with removal, damages, attorney’s fees, receiverships, injunctions, exculpatory clauses, etc.; mental anguish damages
Recorded Webinar—Bad Boys, Bad Boys: Ramifications for Intentional Breaches of Fiduciary Duties by Trustees
David F. Johnson, lead writer for The Fiduciary Litigator blog, presents the potential ramifications of a trustee’s intentional breach of fiduciary duty. His presentation covers the Texas Trust Code provisions (including removal, damages, attorney’s fees, receiverships, injunctions, and exculpatory clauses), fee forfeiture, disgorgement, punitive damages, and criminal statutes.
Who should
Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust
In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024). The trial court granted that relief. The court of appeals reversed, holding
Presentation: Fiduciaryize Your Case
David F. Johnson presented his speech on “Fiduciaryize Your Case” to the State Bar of Texas’s Advanced Civil Trial Course in Frisco, Texas, on July 11, 2024. This presentation covered what a fiduciary relationship means, the general duties owed by a fiduciary, typical fiduciary relationships, capacity issues, net-widening theories to
Recorded Webinar: Parting Is Such Sweet Sorrow ꟷ Issues Arising From Trust Termination and Trustee Succession In Texas
David Johnson, lead writer for The Fiduciary Litigator blog, discusses the main legal issues that arise when trusts terminate or there is a successor trustee, such as trustee resignation, trustee removal, who can be a successor trustee, co-trustee resignation issues, successor trustee duty to police, prior trustee duty to report
Court Affirmed Award Of Damages And Punitive Damages Against A Trustee Due To A Breach Of The Duty To Disclose, Held That A Trust Was Terminated And A Disclaimer Was Effective, And Affirmed An Award Of Attorney’s Fees Against The Trustee And A Refusal To Allow A Trustee To Reimburse Herself From Trust Assets
Court Affirms Finding Of An Oral Trust And Breach Of Duty By The Trustee
In Ahlgren v. Ahlgren, plaintiffs sued a defendant alleging that the defendant was a trustee of an oral trust who breached duties by refusing to return certain property. No. 13-22-00029-CV, 2023 Tex. App. LEXIS 4182 (Tex. App.—Corpus Christi – Edinburg, June 15, 2023, no pet. history). After the trial
Court Held That Those In Control Of A Limited Liability Company May Owe Fiduciary Duties To The Company And Its Members
In In re Mijares, a plaintiff claimed that a defendant defrauded him and breached fiduciary duties owed to him by charging improper, excessive, and unauthorized expenses to their medical practice, causing the plaintiff’s distributions from the practice to be reduced during the roughly six years that they practiced medicine together. Case No. 19-33121-hdh7, Adv. Proc. No. 19-03243,2022 Bankr. LEXIS 1542 (N.D. Tex. Bankr. June 1, 2022). The plaintiff sought a declaration that his claims for fraud and breach of fiduciary duty were not dischargeable pursuant to sections 523(a)(2)(A) and (a)(4) of the Bankruptcy Code. The court found that the plaintiff held a valid claim against the defendant for fraud and that such claim was not dischargeable.
Presentation: Minority Investor Rights in Private Companies: Buy-Sell Agreements, Court-Ordered Buyouts, Breach of Fiduciary Duty
David F. Johnson co-presented “Minority Investor Rights in Private Companies: Buy-Sell Agreements, Court-Ordered Buyouts, Breach of Fiduciary Duty” for a nationwide audience for Stafford Webinars on January 20, 2021. David was honored to present with Peter A. Mahler and Peter J. Sluka from Farrell Fritz, PC from New York. The