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Texas Fiduciary Duty Law
 

John Michael Shaver v. The State of Texas

Less than six weeks after Shaver had pled guilty and was placed on community supervision,
he admitted having used methamphetamine. He was, accordingly, ordered by the trial court to
serve a three-day jail sanction and to successfully attend and complete all recommendations
resulting from his substance abuse evaluation. Further, within seven months of his having been
placed on... More...
   $0 (11-17-2017 - TX)

Antonio R. Flores v. The State of Texas

Court of Appeals - 4th District | Bexar County, TX

On February 19, 2013, nineteen-year-old Flores and three other high school students left
the school campus for lunch. Flores drove the car. Monique Castaneda sat in the front passenger
seat. Gabriella Lerma and Georgina Rodriguez sat in the back. At the intersection of the access
road to Loop 1604 and West Hausman, Flores’s car veered into a left-turn only lane, allegedly in
an... More...
   $0 (11-16-2017 - TX)

David Smith v. Brian Smith, Cash Register Sales and Service of Houston d/b/a CRS Texas and POS Card Services, LLC

Harris County Courthouse - Houston, Texas

In two issues in this contractual dispute, appellant David Smith challenges the trial court’s denial of his motion to transfer venue and grant of final summary judgment in favor of appellees, Brian Smith, Cash Register Sales and Service of Houston d/b/a CRS Texas, and POS Card Services, LLC. The trial court rendered summary judgment against David on his breach of contract claim and in favor of
... More...
   $0 (11-09-2017 - TX)

Heather Tenini Kuentz, Individually, as Personal Representative of the Estate of Robert Michael Kuentz, deceased, and as Next Friend of B.M.K., a Minor, Larry Michael "Robert" Kuentz and Sandra Kuentz v. Cole Systems Group, Inc. D/B/A The Cole Group

Harris County Courthouse - Houston, Texas

Three months after being rehired by a car dealership, a salesman shot and killed his sales manager at work. The appellants, the manager’s family, sued the salesman, several dealership-related entities, and the appellee, an employment screening company that performed a pre-employment background check on the salesman. The trial court granted the employment screening company’s traditional and no-evid... More...   $0 (11-09-2017 - TX)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang

Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

Joseph and Nadia Abuzaid v. Modjarrad and Associates

Dallas County Courthouse - Dallas, Texas

Modjarrad & Associates, P.C., d/b/a Modjarrad Abusaad Said Law Firm (the Law Firm), was retained to represent Joseph Abuzaid in Cause No. DC-12-09866, Joseph Abuzaid v. Muamar Anani, in the 95th Judicial District Court (the litigation). Abuzaid was represented by other counsel prior to the Law Firm’s involvement. Approximately ten months after it began representing Abuzaid, the Law Firm withdrew a... More...   $0 (11-15-2017 - TX)

International Medicine Center Enterprtises, Inc. and Edward R. Rensimer, M.D. v. Sconet, Inc. and Thomas F. Hurley

Harris County Courthouse - Houston, Texas

International Medicine Center Enterprises, Inc. (“IMC”) and Edward R. Rensimer, M.D. (“Rensimer”) are appealing the judgment in favor of ScoNet, Inc. (“ScoNet”) and Thomas F. Hurley (“Hurley”), rendered after a jury trial. IMC and Rensimer argue that: (1) the trial court erred by granting a directed verdict against them on their Deceptive Trade Practices Act (“DTPA”) claim; (2) the trial court err... More...   $0 (10-26-2017 - TX)

William J. Gonyea, Jr. v. Orian Scott

Harris County Courthouse - Houston, Texas

This case tests the bounds of the rule established in Peeler v. Hughes & Luce, 909 S.W.2d 494 (Tex. 1995) (plurality opinion), which limits the ability of plaintiffs who have been convicted of criminal offenses to obtain legal malpractice
2
damages against their criminal-defense attorneys based on claims of poor performance of legal representation.
Orion Scott—who had been convicted of... More...
   $0 (11-06-2017 - TX)

Erin Lincoln v. Patrick Turner

Fifth Circuit Court of Appeals - New Orleans, Louisiana

The police shot and killed John Lincoln as he stood beside then eighteenyear-
old daughter Erin. She here alleges that after she collapsed and cried out,
Officer Patrick Turner picked her up, threw her over his shoulder, and carried
her to a police car, where she sat handcuffed against her will. Erin brought
suit under 42 U.S.C. § 1983 against Turner, alleging unreasonable seizure ... More...
   $0 (11-05-2017 - TX)

Ben McAlpine v. The State of Texas

Texas Tenth District Court of Appeals

A jury convicted Appellant Ben McAlpine of aggravated assault of a
family/household member with a deadly weapon and assessed his punishment at life
imprisonment. In his sole issue, McAlpine asserts that the trial court erred in denying his
motion to suppress the statements he made after he invoked his right to remain silent.
We will affirm.
McAlpine v. State Page 2 More...
   $0 (11-04-2017 - TX)

Romel Lamarr Henderson v. The State of Texas

Officer Daniel St. Clair responded to a call regarding a general disturbance
at the Como First Missionary Church on March 2, 2016, at approximately 9:15
p.m. When Officer St. Clair arrived, two men from the church informed him that
someone—who was later identified as Henderson—was breaking into one of the
church’s buildings located toward the back of the property. At the back... More...
   $0 (11-04-2017 - TX)

Rick Lovelady Carpets, Inc. v. G.R. Chapman Limited Partnership and George R. Chapman a/k/a G.R. Chapman

Potter County Courthouse - Amarillo, Texas

RLCI brought suit against Chapman, alleging a false representation of material fact by Chapman caused RLCI injury under various tort and contract theories.2 Chapman sought and obtained summary judgment against RLCI on the entire case. Finding on this record the case was not capable of disposition by summary judgment, we will reverse the judgment of the trial court and remand the case for further p... More...   $0 (10-17-2017 - TX)

Charles D. Wallace v. Hattie Leslie Wallace

Charles D. Wallace and Hattie Leslie Wallace1 were divorced on January 8, 2006. The agreed divorce decree awarded both Charles and Hattie fifty percent ownership, as tenants in common, of a house and lot located at 706 Carpenter Drive, Garland, Texas (the Property), and provided a procedure for the sale of the Property. After Charles’s death on April 8, 2016, Hattie filed this suit to enforce the ... More...   $0 (10-09-2017 - TX)

Gloria Prada v. Sherlock's Addison, LLC and Texas Healthcare Neck & Backs Clinics, P.A.

Gloria Prada appeals the trial court’s take-nothing summary judgment on her premises liability and negligent activity claims against Sherlock’s Addison, LLC. In a single issue, Prada contends the trial court erred in granting summary judgment because fact issues exist. Because Prada’s response to Sherlock’s Addison’s no-evidence motion did not address all the challenged elements of either claim, w... More...   $0 (10-12-2017 - TX)

Jason Jeremy Matthew v. Layna Marie Matthew

Bexar County Courthouse - San Antonio, Texas

After the trial court signed a default divorce decree, appellant, Jason Jeremy Matthews, filed a motion for new trial. The trial court granted the motion in part as to the division of community property. About one month later, the trial court signed a “Decree of Divorce Following Partial Granting of Motion for New Trial.” Jason’s second motion for new trial was overruled by operation of law. Jason... More...   $0 (10-11-2017 - TX)

City of Bedford v. Leah Smith

Tarrant County Courthouse - Fort Worth, Texas

Appellee Leah Smith lived at The Arbors of Central Park, an apartment
complex in Bedford, Texas. In July 2015, as she was walking across the grass to
reach a sidewalk in front of her apartment, she stepped onto a manhole lid
covering a water-meter box within an easement owned by Appellant City of
Bedford. The lid flipped open, and Smith fell into the manhole and was injured.
1S... More...
   $0 (10-12-2017 - TX)

Jay Baska v. Rebecca McGuire

Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
2
McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r... More...
   $0 (10-12-2017 - TX)

Robert Ramirez v. United of Omaha Life Insurance Company

Fifth Circuit Court of Appeals - New Orleans, Louisiana

Robert Ramirez traveled to West Texas and contracted a fungal infection
that ultimately resulted in the removal of one of his eyes. He sought benefits
under an accidental death and dismemberment and life insurance policy
provided by his employer. The insurer, United of Omaha Life Insurance
Company (United), denied the claim, and Ramirez filed suit. The district court
granted su... More...
   $0 (10-13-2017 - TX)

Redflex Traffic Systems, Inc. v. James H. Watson

Chapter 707 of the transportation code authorizes local governments to implement photographic traffic signal enforcement systems, commonly referred to as red-light cameras, within their jurisdictions and to assess a civil penalty against the owner of a motor vehicle that runs through a red traffic light in
1See Tex. R. App. P. 47.4.
2
violation of the applicable traffic laws. See Tex. ... More...
   $0 (10-05-2017 - TX)

Patrick Henderson Cooper v. The State of Texas

Appellant, Patrick Henderson Cooper, pled guilty to engaging in organized criminal activity. See TEX. PENAL CODE ANN. § 71.02 (West Supp. 2016). Without an agreed punishment recommendation with the State, the trial court sentenced
2
appellant to 30 years in prison. See id. § 12.42(d) (West 2011), 71.02(b)(3). Appellant
filed a timely notice of appeal.
Appellant’s appointed counsel ... More...
   $0 (10-05-2017 - TX)

Stanley Craig White v. The State of Texas

Appellant, Patrick Henderson Cooper, pled guilty to engaging in organized criminal activity. See TEX. PENAL CODE ANN. § 71.02 (West Supp. 2016). Without an agreed punishment recommendation with the State, the trial court sentenced
2
appellant to 30 years in prison. See id. § 12.42(d) (West 2011), 71.02(b)(3). Appellant
filed a timely notice of appeal.
Appellant’s appointed counsel ... More...
   $0 (10-06-2017 - TX)

City of Dallas v. Leslie Papierski

Dallas County Courthouse - Dallas, Texas

Appellee Leslie Papierski sued the City of Dallas after she slipped and fell on a puddle of
water inside the Kay Bailey Hutchison Convention Center arena. The City filed a plea to the
jurisdiction asserting immunity under the Texas Tort Claims Act. The trial court denied the
City’s plea to the jurisdiction. On appeal, the City argues the trial court erred by denying its plea
to the... More...
   $0 (10-05-2017 - TX)

United States of America ex rel., Joshua Harman v. Trinity Industries, Inc.; Trinity Highway Products, LLC

Fifth Circuit Court of Appeals - New Orleans, Louisiana

The trial in this case offers two narratives. One of a hardworking man
who, angered by failures of guardrails installed across the United States—with
sometimes devastating consequences—persuaded a Texas jury of a concealed
cause of those failures. The other of the inventive genius of professors at Texas
A&M’s Transportation Institute, who, over many years of study and testing,
... More...
   $0 (10-04-2017 - TX)

Steven Douglas Pedro, M.D. v. Sherrie R. Lake

Tarrant County Courthouse - Fort Worth, Texas

In a single issue in this accelerated interlocutory appeal, Appellant Steven
Douglas Pedro, M.D., appeals the trial court’s order overruling his objections to
Appellee Sherrie R. Lake’s second chapter 74 expert report and denying his
1See Tex. R. App. P. 47.4.
2
motion to dismiss. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(9) (West
Supp. 2016), § 74.351(b) (West 2017)... More...
   $0 (10-02-2017 - TX)

In The Matter of Max Hopper, Decedent

Dallas County Courthouse - Dallas, Texas

Dallas, TX - Jury Awards Plaintiff Billions In Punitive Damages

The Family and Estate of Max Hopper sued JP Morgan Chase & Co. on fraud, breach of fiduciary and breach of contract duties theories claiming that JP Morgan for mishandling the of the former American Airlines executive.

Hopper died intestate with a $19 million estate and was hired to administer it for the family.
... More...
   $0 (09-27-2017 - TX)

Jesse C. Burciaga; Edna K. Burciaga v. Deutsche Bank National Trust Company

Fifth Circuit Court of Appeals - New Orleans, Louisiana

The Burciagas defaulted on their home equity loan in 2011. In 2013,
Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a
hearing—as required by Texas law—the state court entered a foreclosure
order. Although Texas law expressly required that any challenge to the
foreclosure order be made in a separate, original proceeding, the Burciagas
moved to vacate... More...
   $0 (09-18-2017 - TX)

Super Starr International, LLC, Lance Peterson, and Red Starr, SPR de RL de CV v. Fresh Tex Produce, LLC, Individually and Derivatively on behalf of Tex Starr Distributing, LLC, and Kemal Mert Gumus

Hidalgo County Courthouse - Edinburg, Texas

This appeal concerns an arbitration agreement. Appellants Lance Peterson and his two companies Super Starr International, LLC (the Importer) and Red Starr, SPR de
2
RL de CV (the Grower) grow papayas. Appellants collaborated with appellee Fresh Tex Produce, LLC (Fresh Tex) to distribute the papayas in the United States. Together, appellants and Fresh Tex formed a separate company for distr... More...
   $0 (09-24-2017 - TX)

Miguel Rojas and Lourdes Rojas v. CitiMortgage, Inc.

Cameron County Courthouse - Brownsville, Texas

The trial court granted summary judgment in favor of appellee Citimortgage, Inc. (Citi) and ordered judicial foreclosure of a house owned by appellants Miguel Rojas and Lourdes Rojas. By one issue, which we construe as two, the Rojases argue that
2
summary judgment was erroneously granted because Citi’s foreclosure claim was barred by the statute of limitations and because the ruling confl... More...
   $0 (09-24-2017 - TX)

Zelena Barbay v. Mary McCarty

Hendson County Courthouse - Athens, Texas

Zelena Barbay brought suit against her father’s estate for breach of a family settlement agreement. The trial court granted summary judgment for the estate based upon the estate’s plea of limitations. In one issue, Zelena contends the trial court erred in granting summary judgment. The only question presented is when the statute of limitations began to run. We reverse and remand.
BACKGROUNDMore...
   $0 (09-24-2017 - TX)

Alice Lawson and Jeanie Dell Collins Carr v. Ernest Boyd Collins and Ella Elizabeth Collins

Travis County Courthouse - Austin, Texas

In this consolidated appeal Alice Lawson (Alice) challenges the probate court’s
judgment confirming an arbitration award resolving her will contest, and Jeanie Dell Collins Carr
(Jeanie) challenges the court’s adverse summary judgment in her separate will contest.1 See Tex.
Est. Code § 32.001(c) (final order issued by probate court is appealable to court of appeals). As
urged by Er... More...
   $0 (09-23-2017 - TX)

Edward Bujnoch v. National Oilwell Varco, L.P.

Harris County Courthouse - Houston, Texas

Amanda Bujnoch was a passenger in a vehicle that slid off the roadway and
rolled over after the vehicle encountered some oil-based mud cuttings. Amanda was
ejected from the vehicle and killed. National Oilwell Varco, L.P (NOV) had loaded
the mud into an open-top dump trailer that
2
company (Big Red). Neither Big Red nor NOV ensured that the truckload of mud
had been secured... More...
   $0 (09-23-2017 - TX)

Robert C. Livingston v. Catherine Livingston

Harris County Courthouse - Houston, Texas

This suit arises from the acrimonious relationship between Catherine Livingston and her step-son, Robert Livingston. Catherine sued Robert for assault, false imprisonment, and infliction of emotional distress. A jury found that Robert
2
had not assaulted or falsely imprisoned Catherine, but it did find that Robert had intentionally inflicted severe emotional distress on Catherine and that ... More...
   $0 (09-21-2017 - TX)

United States of America v. Duval County Sheriff's Department

United State District Courthouse - Houston, Texas

Houston, TX - Department of Justice Settles Employment Discrimination Claim on Behalf of U.S. Army Reservist

The United States Department of Justice has resolved a claim that the Duval County Sheriff’s Department violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by terminating U.S. Army Reservist Jonathan J. Melendez (Melendez) on two occasions and re... More...
   $0 (09-20-2017 - TX)

United States of America, et al. v. Solvay Pharmaceuticals, Inc.

Fifth Circuit Court of Appeals - New Orleans, Louisiana

John King and Tammy Drummond (collectively, “Relators”) appeal the
district court’s grant of summary judgment to Solvay Pharmaceuticals, Inc., on
their False Claims Act (“FCA”) claims and a subsequent ruling that partly
granted court costs to Solvay. For the reasons explained below, we AFFIRM.
2
I. Background
Relators are both former Solvay sales and marketing employees. Th... More...
   $0 (09-15-2017 - TX)

Valentina Sheshtawy, et al. v. J. Gary Gray, et al.

Plaintiffs Valentina Sheshtawy, L. S., Don Peterson, Mackey Peterson,
Lonny Peterson, Edward G. Rizk, and Maxwell Rizk (collectively “Plaintiffs”)
sued Defendants1 asserting claims for (1) conspiracy under the Racketeer
Influenced and Corrupt Organizations Act (“RICO”); (2) common law fraud;
and (3) breach of fiduciary relationship.2 Plaintiffs are comprised of
individuals invo... More...
   $0 (09-14-2017 - TX)

Elizabeth Fret v. Melton Trucklines, Inc. and Darrell Edmond

Fifth Circuit Court of Appeals - New Orleans, Louisiana

In this appeal, Elizabeth Fret (“Fret”) contends the district court erred in granting summary judgment in favor of Melton Truck Lines (“Melton”) and Darrel Edmond (“Edmond”). Because the summary judgment burden never
shifted to Fret with regard to Fret’s simple negligence claim, we REVERSE the
judgment on the simple negligence and respondeat superior claims and
REMAND those claims only... More...
   $0 (09-06-2017 - TX)

City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased

Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter ... More...   $0 (08-25-2017 - TX)

SCA Promotions, Inc. v. Yahoo!, Inc.

SCA Promotions, Inc. (“SCA”) brought a breach of contract suit against
Yahoo!, Inc. (“Yahoo”), alleging that Yahoo failed to pay contractual
cancellation fees. Yahoo brought various counterclaims. The district court
granted Yahoo’s motion for summary judgment and denied SCA’s motion for
summary judgment on SCA’s breach of contract claim. It granted SCA’s motion
for summary judg... More...
   $0 (08-21-2017 - TX)

G. T. Leach Builders, L. L. C-Residential, G. T. Leach Construction, L. P. and Gary T. Leach v. Sapphire Condominiums Association, Inc.

Appellants G.T. Leach Builders, L.L.C.—Residential (G.T. Leach Builders), G.T.
Leach Construction, L.P., and Gary T. Leach (collectively, G.T. Leach), appeal an order
denying their motion to compel arbitration of appellee Sapphire Condominiums
Association, Inc.’s lawsuit. We affirm.
I. BACKGROUND
Sapphire V.P., L.P. (Sapphire V.P.) was a limited partnership in the business ofMore...
   $0 (08-25-2017 - TX)

John Nelson v. Carlos Pasol and Jovita De Pasol

Appellant John Nelson challenges the trial court’s judgment awarding title to and possession of certain South Padre Island real property to appellees Carlos Pasol and
Jovita De Pasol (collectively the Pasols). We affirm.
I. BACKGROUND
Nelson inherited the subject property from his parents along with an $80,000 mortgage balance. He refinanced the mortgage with Wells Fargo in 2001 and th... More...
   $0 (08-24-2017 - TX)

 
 
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