David F. Johnson presented his paper entitled “Preparing the Charge, The Charge Conference, and Protecting the Charge,” to the State Bar of Texas’s Advanced Civil Appellate Course on September 9, 2020.
jury charge
Court Held That Submission Of Jury Question On Fiduciary Duty Was Harmless Due To Duplication Of Damages
In Hughes v. Hughes, a husband and wife sued each other for various claims, including breach of fiduciary duty. No. 13-15-00496-CV, 2017 Tex. App. LEXIS 3489 (Tex. App.—Corpus Christi April 20, 2017, no pet. history). In the charge conference, the wife objected to the question as having an improper…
Court Affirmed Jury’s Findings Of Breach Of Fiduciary Duty By Joint Venture Partner And The Partner’s Representative
In CBIF v. TGI Friday’s, a joint venture partner sued the other partner for breaching fiduciary duties for unreasonably withholding consent regarding amending a lease and by acting out of its own self-interest in threatening the venture and its constituents with the total loss of the venture’s business existence…
Court Affirmed Fiduciary Duty Jury Instruction In Claim Against Bank
In Garrett v. First State Bank Central Texas, John established an account with a bank and later added Garrett, who was assisting John with paying bills. No. 10-14-00344-CV, 2016 Tex. App. LEXIS 4765 (Tex. App.—Waco May 5, 2016, no pet. history). John and Garrett went into the bank to…
Breach of Fiduciary Duty Judgment May Be Dischargeable In Bankruptcy
It is not uncommon for a successful plaintiff in a breach of fiduciary duty case to have their collection efforts thwarted by a defendant filing for bankruptcy. The issue is whether the state court judgment is dischargeable in bankruptcy. “[T]he issue of nondischargeability [is] a matter of federal law governed…