David F. Johnson recently published a new law review article: “Tricks, Traps, and Snares in Appealing a Summary Judgment in Texas, 72 BAYLOR L. REV. 564 (Fall 2020).” David originally published this article in 1998 with Chief Justice William J. Cornelius of the Sixth Court of Appeals of Texas. David’s original article has been cited
summary judgment
Court Reversed Summary Judgment For A Client As Against His Financial Advisor
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Kang v. Song, Song sued Kang for fraud, violations of the Texas Securities Act, violations of Texas’s Deceptive Trade Practices Act (DTPA), breach of fiduciary duty, negligent misrepresentation, breach of contract, and negligence based on Kang’s actions as Song’s investment adviser. No. 02-15-00148-CV, 2016 Tex. App. LEXIS 10198 (Tex. App.—Fort Worth September 15…
Court Reverses Judgment Dismissing Breach Of Fiduciary Duty Claim Because No-Evidence Summary Judgment Motion Was Not Sufficiently Specific
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Tex v. Iom, a former employer sued a former employee based on a covenant not to compete and breach of fiduciary duty and sued the new employer for tortious interference. No. 12-14-00254-CV, 2016 Tex. App. LEXIS 7317 (Tex. App.—Tyler July 12, 2016, no pet. history). The defendants filed a no-evidence motion for summary…