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, LLP, No. 14-0767, 2016
employee's fiduciary duty
Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust
By Joseph Regan on
Posted in Texas Supreme Court
On February 10, 2016, the Texas Supreme Court heard argument in a case that involves the issue of legal standing to sue when a trust is injured by the actions of a third party. In DLA Piper US, LLP v. Linegar, Chris Linegar brought fraud and legal malpractice claims against DLA Piper related to…
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 jurisdiction: the plaintiff was a…
Employers Generally Do Not Owe Fiduciary Duties To Employees
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Espinosa v. Aaron’s Rents, Inc., a former employee sued his former employer for defamation and other torts related to the defendant reporting the plaintiff to the police for alleged theft. No. 01-14-00843-CV, 2016 Tex. App. LEXIS 423 (Tex. App.—Houston [1st Dist.] January 14, 2016, no pet. history). One of the claims that the…