The Court noted that a claim generally accrues when the defendant’s wrongful conduct causes the claimant to suffer a legal injury. Id. The Court also noted that the discovery rule can defer accrual of limitations...more
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more
1/27/2020
/ Actual Malice ,
Admissible Evidence ,
Breach of Duty ,
Civil Code ,
Confidential Information ,
Damages ,
Discovery ,
Evidence ,
Fiduciary Duty ,
Fraud ,
Gross Negligence ,
High Net-Worth ,
New Legislation ,
Petition for Writ of Certiorari ,
Punitive Damages ,
Retroactive Application ,
Rules of Civil Procedure ,
Statements of Net Worth ,
TX Supreme Court
In In re Alexander, a beneficiary filed suit against the trustee based on multiple allegations of breach of fiduciary duty, including an allegation that the trustee attempted to transfer the trustee position to successors in...more
10/25/2019
/ Attorney-Client Privilege ,
Beneficiaries ,
Breach of Duty ,
Confidential Communications ,
Discovery ,
Document Productions ,
Duty to Disclose ,
Fiduciary Duty ,
Joint Clients ,
Trial Court Orders ,
Trusts ,
Work-Product Doctrine ,
Writ of Mandamus
In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV, 2018 Tex. App. LEXIS 6647 (Tex. App.—Dallas August 22, 2018, original proceeding)....more
In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV2018 Tex. App. LEXIS 2812 (Tex. App.—Dallas April 19, 2018, original proceeding). ...more
Litigation can unfortunately be a costly endeavor. This is as true with fiduciary litigation as with any other type of litigation. ...more
2/12/2018
/ Breach of Duty ,
Depositions ,
Discovery ,
Discovery Costs ,
Fiduciary Duty ,
Forum Selection ,
Judicial Discretion ,
Motion To Stay ,
Personal Jurisdiction ,
State Law Claims ,
Trial Court Orders ,
Unduly Burdensome ,
Venue
In In re Cokinos, Boisien & Young, a representative of an estate of a deceased attorney sought documents from a law firm related to an alleged agreement to share fees. No. 05-16-01331-CV, 2017 Tex. App. LEXIS 6911 (Tex....more
In Eng v. Kolbe, a mother sued her daughter for abusing a power of attorney document. No. 03-15-00409-CV, 2017 Tex. App. LEXIS 2680 (Tex. App.—Austin March 30, 2017). The daughter was assisting her aging parents with their...more
Plaintiffs often seek discovery on a financial institution’s policies and procedures with an eye towards using that evidence against the institution. If a financial institution’s representative or representatives did not live...more
5/25/2016
/ Admissibility ,
Breach of Duty ,
Confidential Information ,
Discovery ,
Document Productions ,
Duty of Care ,
Fiduciary Duty ,
Financial Institutions ,
Policies and Procedures ,
Standard of Care ,
TX Supreme Court