In Belliveau v. Barco, Inc., a licensor of intellectual property sued the owner of the licensee for breach of fiduciary duty related to the sublicensing to a third party. No. 19-50717, 2021 U.S. App. LEXIS 2489 (5th Cir. January 28, 2021). The district court dismissed the claim, and the plaintiff appealed. The court of appeals affirmed, holding that the defendant did not owe a fiduciary duty to the plaintiff.
informal fiduciary relationship
Court Finds Manufacturer/Distributor Relationship Does Not Create An Informal Fiduciary Relationship
In Samsung Electronics America v. Chung, Samsung Electronics America, Inc. (“Samsung”) filed suit against All Pro Distributing, Inc. (“All Pro”) and certain former employees alleging claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty related to an alleged scheme involving the distribution of service…
Court Holds That An Officer Of A General Partner Does Not Individually Owe Fiduciary Duties To The Partnership
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 Affirms Finding Of Informal Fiduciary Relationship Between Step-Mother and Step-Son Based On Decision To Not Resuscitate Father
In Shearer v. Shearer, Corrine and John were married from 1990 until 2008. No. 12-14-00302-CV, 2016 Tex. App. LEXIS 5685 (Tex. App.—Tyler May 27, 2016, no pet. history). John became ill in 2009 and was admitted to a hospital where Corrine accompanied him as a friend. At a second…
Court Affirmed Trial Court’s Finding That A Girlfriend Did Not Owe Fiduciary Duties To A Husband In the Context Of An Extramarital Affair
In Markl v. Leake, a husband started a long-time extramarital relationship with his girlfriend in 2004. No. 05-15-00455-CV, 2015 Tex. App. LEXIS 11261 (Tex. App.—Dallas November 2, 2015, no pet. history). The husband gave her money, placed her on the payroll of his business, provided her a credit card…