Texas Civil Practice and Remedies Code 38.001 for Breach of Fiduciary Duty

Can a Plaintiff Recover Attorney’s Fees Under Texas Civil Practice and Remedies Code 38.001 for a Tort Cause of ActionTexas is one of the more liberal...
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Fiduciary Duties of the Limited Partnership General Partner in Texas

Are Officers of a Corporate General Partner Liable for Breach of Fiduciary Duties in a Texas Limited Partnership?A very common business organization structure in Texas is...
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Joint and Several Liability for Breach of Fiduciary Duty

When may a defendant be held jointly and severally liable for the tortious conduct of another? Civil Conspiracy, Aiding and Abetting, Knowing ParticipationThe classic statement was...
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Attacking Shareholder Settlements

How can you buy-out a fellow shareholder (or have the company do so) and make sure that the deal is final? The law makes it very...
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Can Fiduciary Duties Be Waived in a Settlement

Waiving Fiduciary DutiesSettlements of shareholder disputes may later be attacked and set aside if the settlement violated fiduciary duties owed by the defendant to the plaintiff....
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Corporate Fiduciary Duties in Texas

“Corporation officers and directors are fiduciaries.” “Directors, or those acting as directors, owe a fiduciary duty to the corporation in their directorial actions.”Traditional Formulation of Fiduciary...
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Texas Business Judgment Rule Defense

“The business judgment rule in Texas generally protects corporate officers and directors, who owe fiduciary duties to the corporation, from liability for acts that are within...
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When Does the Business Judgment Rule Not Apply?

When does the business judgment rule not apply to a claim of mismanagement?Obviously, the business judgment rule does not apply to a claim not brought under...
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Sale-to-a-Looter Breach of Fiduciary Duty Claim

What if the majority shareholder sells out to a crook who subsequently loots the company? The minority shareholders may have a breach of fiduciary duty claim....
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The Business Judgment Rule in Civil Procedure

How is the business judgment rule applied procedurally? What impact does it have on pleading, motions practice, and jury charge?PleadingWhile the business judgment rule is referred...
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