In Dao v. Trinh, a group of five individuals who contributed money for membership in a religious community sued the person who they alleged misapplied their money for the benefit of a different religious community. No....more
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 CLC Roofing v. Helzer, a roofer purchased shingles from a seller and stored them on the seller’s property. No. 02-17-00229-CV, 2019 Tex. App. LEXIS 5927 (Tex. App.—Fort Worth July 11, 2019, no pet. history). ...more
In Bombardier Aero. Corp. v. Spep Aircraft Holdings, a plaintiff who had purchased an aircraft sued the defendant for fraud associated with representations regarding whether the aircraft was new or used. No. 17-0578, 2019...more
4/4/2019
/ Appeals ,
Breach of Contract ,
Damages ,
Duty of Confidentiality ,
Duty to Disclose ,
Fiduciary Duty ,
Fraud ,
Petition For Rehearing ,
Punitive Damages ,
Restatement of Torts ,
TX Supreme Court
In Bombardier Aero. Corp. v. Spep Aircraft Holdings, a plaintiff who had purchased an aircraft sued the defendant for fraud associated with representations regarding whether the aircraft was new or used. No. 17-0578, 2019...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 Home Comfortable Supplies, Inc. v. Cooper, the defendant induced others to start a new limited partnership with his corporation. No. 14-16-00906-CV, 2018 Tex. App. LEXIS 1381 (Tex. App.—Houston [14th Dist.] February 22,...more
In Harun v. Rashid, two individuals started a restaurant business; one operated the business and the other financed it. No. 05-16-00584-CV, 2018 Tex. App. LEXIS 231 (Tex. App.—Dallas January 9, 2018, no pet. history)....more
2/12/2018
/ Actual Damages ,
Appeals ,
Attorney's Fees ,
Breach of Contract ,
Breach of Duty ,
Damages ,
Fiduciary Duty ,
Oral Contracts ,
Partnership Interests ,
Partnerships ,
Resorts & Restaurants
In Na Ins. Servs. Holding Corp. v. Hilb Group of Ind., a federal magistrate recommended that the district court grant a defendant’s motion to dismiss a breach of fiduciary duty claim. No. 4:17CV600-ALM-KPJ, 2017 U.S. Dist....more
In Steer Wealth Mgmt., LLC v. Denson, Denson, in her individual capacity and as executor of her husband’s estate, sued Steer Wealth Management, LLC, for causes of action including breach of fiduciary duty, breach of contract...more
In Kaptchinskie v. Estate of Kirchner, the purchasers of property sued an estate to establish that the estate’s claim under a note was extinguished by the statute of limitations. No. 14-15-01080-CV, 2017 Tex. App. LEXIS 7012...more
In Young v. Heins, Young brought third-party claims against the board of trustees of a nonprofit home owner association for breach of fiduciary duty, breach of the duty of good faith and fair dealing, breach of contract,...more
In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and...more
7/24/2017
/ Aiding and Abetting ,
Breach of Contract ,
Breach of Duty ,
Contract Disputes ,
Distributors ,
Electronically Stored Information ,
Food Manufacturers ,
Imports ,
Limited Liability Company (LLC) ,
Misappropriation ,
Preemption ,
Preliminary Injunctions ,
Trade Secrets
In Ren v. ANU Res., LLC, a plaintiff sued an entity and its representatives for breach of contract, breach of fiduciary duty, and other tort claims arising from investments in oil and gas properties. No. 14-16-00035-CV, 2016...more
In Rhymes v. Filter Res., Inc., a former employer sued a former employee and the employee’s new business for breach of contract, breach of fiduciary duty, and tortious interference related to the employee’s competition with...more
In Macias v. Gomez, a client sued his attorney for breach of fiduciary duty arising from the attorney’s trust later suing the client. No. 13-14-00017-CV, 2015 Tex. App. LEXIS 12967 (Tex. App.—Corpus Christi December 29, 2015,...more