Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Category Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

Contractual Jury Waivers in Trust and Estate Litigation in Texas

I. Introduction 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 the future. Specifically, an individual may want to keep disputes in the court system, but want to… Continue Reading

Recorded Webinar – Trustee Compensation in Texas

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the law in Texas and practical advice regarding a trustee’s right to compensation. CLICK HERE FOR WEBINAR Trustee Compensation_Slides Trustee Compensation Paper If you are interested in joining our next complimentary webinar or presentation, please send your request to David Johnson at dfjohnson@winstead.com … Continue Reading

Court Holds That A Bank’s Employees Cannot Conspire To Breach Fiduciary Duties And That The Bank Did Not Owe Fiduciary Duties To A Depositor

In Herring v. Am. Paper & Janitorial Prods., the plaintiff was a subcontractor who provided janitorial services for a bank and was also a depositor of the bank. No. H-17-3474, 2018 U.S. Dist. LEXIS 215765 (S.D. Tex. December 24, 2018). After the plaintiff’s representatives were found stealing food after a party, the plaintiff’s contract was… Continue Reading

Court Discusses Diversity of Citizenship Jurisdiction Where A Trustee Removed The Case

In Thunder Patch II, LLC v. JPMorgan Chase Bank, N.A., plaintiffs filed suit against a trustee in state court seeking a declaration regarding the enforceability of a mineral lease, and the trustee removed the case to federal court based on diversity of citizenship. No. 5-18-CV-00629-OLG-RBF, 2018 U.S. Dist. LEXIS 207696 (W.D. Tex. December 10, 2018).… Continue Reading

Recorded Webinar – Recent Developments In Trustees’ Use Of Exculpatory, Release, and Disclaimer-Of-Reliance Clauses In Texas

Thank you to everyone who joined us on June 13 for the webinar “Recent Developments In Trustees’ Use Of Exculpatory, Release, and Disclaimer-Of-Reliance Clauses In Texas.”  The recorded webinar link is now available.  If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. David F. Johnson, lead writer for the… Continue Reading

Court Finds Manufacturer/Distributor Relationship Does Not Create An Informal Fiduciary Relationship

In Samsung Electronics America v. Chung, Samsung Electronics America, Inc. (“Samsung”) filed suit against All Pro Distributing, Inc. (“All Pro”) and certain former employees alleging claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty related to an alleged scheme involving the distribution of service parts for Samsung devices. No. 3:15-CV-4108-D,… Continue Reading
.