The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees. In Rachal v. Reitz, a beneficiary sued a trustee for failing to provide an...more
5/5/2023
/ American Arbitration Association ,
Arbitration ,
Asset Management ,
Beneficiaries ,
Breach of Duty ,
Contract Terms ,
Estate Planning ,
Fiduciary Duty ,
Trust Distributions ,
Trustees ,
Trusts
In Hitchcock Indep. Sch. Dist. v. Arthur J. Gallagher & Co., a school district sued it insurance broker for failing to obtain insurance policies that did not have arbitration and choice-of-law clauses that favored New York....more
In Kankonde v. Mankan, an attorney appealed the entry of an arbitration award on behalf of his clients, a doctor and his practice. No. 08-20-00052-CV, 2020 Tex. App. LEXIS 7040 (Tex. App.—El Paso August 31, 2020, no pet....more
In Ruff v. Ruff, a beneficiary of a trust sued a former trustee, and that dispute was sent to arbitration. No. 05-18-00326-CV, 2020 Tex. App. LEXIS 6344 (Tex. App.—Dallas August 11, 2020, no pet. history)....more
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more
2/25/2020
/ Arbitration ,
Choice-of-Law ,
Contract Drafting ,
Contract Terms ,
Estate Claims ,
Estate Planning ,
Fiduciary ,
Forum Selection ,
Jury Waivers ,
Mediation ,
Popular ,
Testamentary Capacity ,
Trusts ,
Undue Influence Claims
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gun Trusts, statute of limitations, quasi-estoppel,...more
12/31/2019
/ Arbitration ,
Beneficiaries ,
Estate Planning ,
Estoppel ,
Fiduciary ,
Fiduciary Duty ,
Liability ,
Personal Liability ,
Reformation ,
Statute of Limitations ,
Supersedeas Bond ,
Trusts ,
Wills
David F. Johnson presented his paper “The Use of Arbitration, Forum Selection, and Jury-Waiver Clauses in Trust and Estate Litigation in Texas” to the Texas Bar Association’s Fiduciary Litigation Course in San Antonio on...more
12/10/2019
/ Arbitration ,
Dispute Resolution ,
Estate Planning ,
Estoppel ,
Fiduciary Duty ,
Forum Selection ,
Jury Waivers ,
Mandatory Arbitration Clauses ,
Rules of Civil Procedure ,
Trusts ,
Wills
Individuals execute trusts and wills to determine how certain assets are to be managed and distributed. Those same individuals may want to have some control over the dispute resolution process for any conflicts that arise in...more
11/5/2019
/ Arbitration ,
Beneficiaries ,
Contract Terms ,
Estate Planning ,
Estoppel ,
Forum Selection ,
Jurisdiction ,
Jury Trial ,
Jury Waivers ,
Mandatory Arbitration Clauses ,
State Constitutions ,
Trusts ,
Wills ,
Writ of Mandamus
In Gray vs. Ward, Ward and Gray started a limited partnership where Ward was a limited partner and Gray was a limited partner and the manager of the general partner. No. 05-18-00266-CV, 2019 Tex. App. LEXIS 6992 (Tex....more
10/3/2019
/ Abuse of Discretion ,
Appeals ,
Arbitration ,
Breach of Contract ,
Breach of Duty ,
Buy-Out Agreements ,
Contract Terms ,
Defamation ,
Employment Contract ,
Federal Arbitration Act ,
General Partnerships ,
Limited Partnerships ,
Partnership Agreements ,
Wrongful Termination
In Fletcher v. Edward Jones Trust Co., a party sued a trust company for inappropriately distributing funds from an account, and the trial court granted the trust company’s motion to compel the dispute to arbitration. No....more
In Ali v. Smith, a successor administrator of an estate sued the former executor for breach of fiduciary duties arising from his management of the finances of the estate, converting assets of the estate, and using estate...more
Background: Arbitration Clauses May Apply To Trust Disputes -
The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees. In Rachal v....more
David F. Johnson presented his paper on “Litigation Update, Including Fiduciary Issues” to the Texas Bankers Association’s Legal Conference in Austin, Texas, on April 5, 2018. This presentation covered recent Texas precedent...more
4/23/2018
/ Aiding and Abetting ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Breach of Duty ,
Fiduciary Duty ,
Forum Selection ,
Fraud ,
Negligent Misrepresentation ,
Tortious Interference ,
Venue
In Henry v. Cash Biz, LP, a borrower sued a lender for the lender reporting the borrower’s bad checks to the district attorney’s office. No. 16-0854, 2018 Tex. LEXIS 164 (Tex. February 23, 2018). ...more
On December 1, 2017, David F. Johnson presented his paper “Dealing with Policies and Protocols of Banking Institutions in Texas” to the State Bar of Texas’s 19th Annual Fiduciary Litigation Course in San Antonio, Texas. This...more
In Saks v. Rogers, a beneficiary of a trust challenged a trial court’s enforcement of an arbitration decision. No. 04-16-00286-CV, 2017 Tex. App. LEXIS 6923 (Tex. App.—San Antonio July 26, 2017, no pet. history)....more
In Oak Crest Manor Nursing Home, LLC v. Barba, a plaintiff sued a nursing home for negligently allowing a patient with mental disorders to leave the facility and jump from a bridge in an attempt to commit suicide. No....more
In this article:
- I. Introduction
- II. Valid Survivorship Accounts
- III. Joint Accounts Between Spouses
- IV. Burden Of Proving Enforcable Survivorship Accounts
- V. Proving Contents Of...more
In Richmont Holdings, Inc. v. Superior Recharge Sys., L.L.C., an asset purchase agreement included a binding arbitration clause. No. 12-0142, 2013 Tex. LEXIS 71 (Tex. January 25, 2013). The seller of the business signed an...more