Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Category Archives: Texas Supreme Court

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Texas Supreme Court Will Decide Whether Texas Recognizes A Tortious Interference With Inheritance Claim

In Anderson v. Archer, the trial court’s judgment awarded the plaintiffs $2.5 million in damages based on a tortious interference with inheritance claim. No. 03-13-00790-CV, 2016 Tex. App. LEXIS 2165 (Tex. App.—Austin March 2, 2016, pet. granted). The defendants appealed and argued that Texas law does not recognize such a claim. The court of appeals… Continue Reading

In A Usurpation Of Corporate Opportunity Case, The Texas Supreme Court Reversed A Constructive Trust Due To A Failure To Trace The Property To The Alleged Fiduciary Breaches And Reversed A Disgorgement Award Because There Was No Finding Of The Fiduciaries’ Profits

In Longview Energy Co. v. The Huff Energy Fund, LP, Longview Energy Company sued two of its directors and their affiliates after discovering one affiliate purchased mineral leases in an area where Longview had been investigating the possibility of buying leases. No. 15-0968, 2017 Tex. LEXIS 525 (Tex. June 9, 2017). A jury found that… Continue Reading

Texas Supreme Court Refuses To Rule On Whether Texas Recognizes Tortious Interference With Inheritance Rights And Affirms A Constructive Trust Based On A Finding Of Mental Incompetence

In Jackson Walker LLPO v. Kinsel, Lesey and E.A. Kinsel owned a ranch, and when E.A. died, he divided his half between his children and Lesey. Jackson Walker, LLPO v. Kinsel, No. 07-13-00130-CV, 2015 Tex. App. LEXIS 3586 (Tex. App.—Amarillo April 10, 2015), aff’d in part, 2017 Tex. LEXIS 477 (Tex. May 26, 2017). Lesey… Continue Reading

Texas Supreme Court Addresses The Causation Requirement For A Breach Of Fiduciary Duty Claim And Conspiracy, Aiding And Abetting Breach Of Fiduciary Duty, And Joint Venture Theories

In First United Pentecostal Church of Beaumont v. Parker, a church hired an attorney to defend it against sexual abuse allegations. 2017 Tex. LEXIS 295 (Tex. March 17, 2017). During the same time, the church also engaged the attorney to assist in a hurricane/insurance claim. When the insurance company offered to pay over $1 million… Continue Reading

Texas Supreme Court Accepts A Case Dealing With A No-Contest Clause

In Ard v. Hudson, a beneficiary sued testamentary trustees and executors for breach of fiduciary duty and also sought an accounting, temporary injunctive relief, and a receiver. No. 02-13-00198-CV, 2015 Tex. App. LEXIS 8727 (Tex. App.—Fort Worth August 20, 2015, pet. granted).  The trial court granted a summary judgment for the defendants on the basis… Continue Reading

The Texas Supreme Court Will Review A Breach Of Fiduciary Duty Claim Against Directors For Allegedly Usurping A Corporate Opportunity

The Texas Supreme Court granted the petition for review in Longview Energy Co. v. The Huff Energy Fund, 482 S.W.3d 184 (Tex. App.—San Antonio 2015, pet granted). In this case, the plaintiff asserted a breach of fiduciary duty claim arising from allegations that directors breached duties by usurping a corporate opportunity to invest in shale… Continue Reading

Texas Supreme Court Will Determine Whether Texas Recognizes A Tortious Interference With Inheritance Claim

Today, the Texas Supreme Court granted a petition for review in Jackson Walker, LLPO v. Kinsel, No. 07-13-00130-CV, 2015 Tex. App. LEXIS 3586 (Tex. App.—Amarillo April 10, 2015, pet. granted). The Court’s staff attorney describes the issues as: “(1) whether Texas law recognizes tortious interference with inheritance rights; (2) whether sufficient evidence supports the jury’s… Continue Reading

Texas Supreme Court Holds that Individual Beneficiary Had Standing to Bring a Legal Malpractice Claim Involving a Loan From an Account Managed by a Corporate Trustee

On May 27, 2016, the Texas Supreme Court held that an individual beneficiary of a self-directed retirement account managed by a corporate trustee had standing to bring legal malpractice claims against a law firm based on advice allegedly given regarding loans from the retirement account. Linegar v. DLA Piper US, LLP, No. 14-0767, 2016 Tex.… Continue Reading

Texas Supreme Court Denies Petition For Review In Ward vs. Standford Opinion

On October 9, 2015, the Texas Supreme Court denied the petition for review in Ward v. Standford, 443 S.W.3d 334 (Tex. App.—Dallas 2014, pet. denied).  This case dealt with the accrual of the statute of limitations for breach of fiduciary duty claims against trustees where the plaintiff complained of an act of omission.  The court of… Continue Reading

The Statute of Limitations for Bills of Review in Estate Cases Are Two Years

In Valdez v. Hollenbeck, parties attempted to sue an administrator for thefts from the estate by a third person around 1995 after the court had discharged the administrator in 1996. No. 13-0709, 2015 Tex. LEXIS 556 (Tex. June 12, 2015). The Texas Supreme Court held that all bills of review (statutory or equitable) from probate… Continue Reading
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