In Roberts v. Overby-Seawell Co., an employee sued his former employer for the failure to pay commissions. No. 3:15-CV-1217-L, 2018 U.S. Dist. LEXIS 47821 (N.D. Tex. March 23, 2018). The former employer filed a counterclaim for breach of fiduciary duty arising out of the employee’s failure to disclose that
employee liability
Court Held That Company’s Employee Did Not Owe Fiduciary Duty To Vendor
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In E-Learning LLC v. AT&T Corp., the plaintiff provided computer software services to the defendant. No. 04-16-00291-CV, 2017 Tex. App. LEXIS 1726 (Tex. App.—San Antonio 2017, no pet. history). Beginning in 2010, the parties changed the way they transacted business. From 2010 to 2012, the plaintiff provided goods and…
Court Holds That An Officer Of A General Partner Does Not Individually Owe Fiduciary Duties To The Partnership
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Rainier Income Fund I v. Gans, two limited partnerships sued an individual, who was the president of the general partner of the partnerships and co-owner of the only other limited partner, for breaching fiduciary duties allegedly owed to the limited partnerships. No. 05-15-00460-CV, 2016 Tex. App. LEXIS 6042…
Court Held That Plaintiff Stated A Claim Against Bank’s Employees For Individual Liability Based On Alleged Fiduciary Breaches
By David Fowler Johnson on
Posted in Items of Interest
In Medve v. JPMorgan Chase Bank, N.A., a plaintiff sued a bank and three of its employees for breaches of fiduciary duties arising from fiduciary accounts. No. H-15-2277, 2016 U.S. Dist. LEXIS 11961 (S.D. Tex. February 2, 2016). The bank removed the case to federal court based on diversity…