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Fiduciary Duty › Civil Code

Allen Matkins

Unsuccessful Derivative Plaintiff Found Personally Liable For Defendant's Attorneys' Fees

Allen Matkins on

I expect that most plaintiffs in derivative actions do not expect to pay a defendant's attorneys' fees if they lose because under the "American Rule" each side pays their own attorneys' fees, regardless of who wins.  A...more

Winstead PC

The Texas Legislature Has Limited Discovery Of A Defendant’s Net Worth For Exemplary Damage Claims

Winstead PC on

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

Downey Brand LLP

Fore! California Court Drives Away Claim that Trustee’s Attorney Breached Trust

Downey Brand LLP on

When attorneys advise errant trustees, how vulnerable are they to breach of trust claims by injured beneficiaries? A case published last week by the California Court of Appeal provides a defensive roadmap to attorneys who are...more

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