fiduciary duty claim in Texas

2020LAW INST. 1977). 90 See Kinzbach, 160 S.W.2d at 514 (discussing the elements of a knowing participation claim); see also Hunter Bldgs. & Mfg., 436 S.W.3d at 15 (applying Kinzbach’s joint liability rule to a fiduciary duty claim); Darocy v. Abildtrup, 345 S.W.3d 129, 137 (Tex. App.—Dallas 2011, no pet.) (same); DeYoung v. Beirne, Maynard & Parsons, L.L.P., No. 01-13-00365-CV, 2014 Tex. App. LEXIS 2965 , at *15 (Tex. App.—Houston [1st Dist.] 2014, no pet.) (same). 52 all Huntsman needed to support a judgment holding Critical Path jointly and severally liable with Sims for the damages Sims caused

2011Knowing Participation in Breach of Fiduciary Duty In issue one, JSCNI argues that the trial court erred in disregarding the jury’s verdict against Citibank for knowing participation in TPS’s breach of fiduciary duty because legally sufficient evidence exists in support of the claim. ‘When a third party knowingly participates in the breach of a fiduciary duty, the third party becomes a joint tortfeasor and is liable as such.” Kastner v. Jenkens & Gilchrist, P.C., 231 S.W.3d 571, 580 (Tex.App.-Dallas 2007, no pet.) (citing Kinzbach Tool Co. v. Corbett-Wallace Corp., 138 Tex. 565, 574 , 160 S.W.2

2015Lundy v. Masson, 260 S.W.3d 482, 501 (Tex.App.-Houston [14th Dist.] 2008, pet. denied).

2014Lundy v. Masson, 260 S.W.3d 482, 501 (Tex. App.–Houston [14th Dist.] 2008, pet. denied).

2013Id. at 264, 267 .

2013Id. at 264, 267 .

2012See Parfi Holding AB v. Mirror Image Internet, Inc., 817 A.2d 149, 159-60 (Del.2002) (holding that a fiduciary duty claim was not covered by an arbitration provision in a stock underwriting agreement).

2012See Parfi Holding AB v. Mirror Image Internet, Inc., 817 A.2d 149 , 159–60 (Del. 2002) (holding that a fiduciary duty claim was not covered by an arbitration provision in a stock underwriting agreement).

2011"When a third party knowingly participates in the breach of a fiduciary duty, the third party becomes a joint tortfeasor and is liable as such." Kastner v. Jenkens & Gilchrist, P.C., 231 S.W.3d 571, 580 (Tex.App.-Dallas 2007, no pet.) (citing Kinzbach Tool Co. v. Corbett-Wallace Corp., 138 Tex. 565, 574 , 160 S.W.2d 509, 514 (1942)).

2011Knowing Participation in Breach of Fiduciary Duty In issue one, JSCNI argues that the trial court erred in disregarding the jury’s verdict against Citibank for knowing participation in TPS’s breach of fiduciary duty because legally sufficient evidence exists in support of the claim. ‘When a third party knowingly participates in the breach of a fiduciary duty, the third party becomes a joint tortfeasor and is liable as such.” Kastner v. Jenkens & Gilchrist, P.C., 231 S.W.3d 571, 580 (Tex.App.-Dallas 2007, no pet.) (citing Kinzbach Tool Co. v. Corbett-Wallace Corp., 138 Tex. 565, 574 , 160 S.W.2

2024To distinguish independently actionable fiduciary duty claims against lawyers from those that sound in negligence, Texas courts have generally held that a fiduciary duty claim focuses on “whether an attorney obtained an improper benefit from representing 6 the client,” while a negligence claim focuses on “whether an attorney represented a client with the requisite level of skill.” Murphy, 241 S.W.3d at 693 (internal quotation omitted); see also Duerr, 262 S.W.3d at 71 .

2024In support of this argument, Herz cites Lopez v. Munoz, Hockema & Reed, L.L.P., in which our Supreme Court held that a fiduciary-duty claim was also disposed of by the trial court’s adverse summary judgment on a breach-of-contract claim because the fiduciary-duty claim was solely based on the alleged breach of contract. 22 S.W.3d 857, 862 (Tex. 2000).

2024To distinguish independently actionable fiduciary duty claims against lawyers from those that sound in negligence, Texas courts have generally held that a fiduciary duty claim focuses on “whether an attorney obtained an improper benefit from representing 6 the client,” while a negligence claim focuses on “whether an attorney represented a client with the requisite level of skill.” Murphy, 241 S.W.3d at 693 (internal quotation omitted); see also Duerr, 262 S.W.3d at 71 .

2024App. P. 44.1(a). 21 Gilbreath v. Horan, 682 S.W.3d 454 , 523 (Tex. App.—Houston [1st Dist.] 2023, pet. denied) (citing First United Pentecostal Church of Beaumont v. Parker, 514 S.W.3d 214, 220 (Tex. 2017) (“Generally, the elements of a claim for breach of fiduciary duty are (1) the existence of a fiduciary duty, (2) breach of the duty, (3) causation, and (4) damages.”)).

2024See Jordan v. Lyles, 455 S.W.3d 785, 792 (Tex. App.—Tyler 2015, no pet.) (discussing presumption generally); Moore v. Texas Bank & Tr.

2023Co., 451 S.W.3d 861, 871 (Tex. App.—Houston [1st Dist.] 2014, no pet.). 24 As discussed above concerning the fiduciary-duty claim, there is no legal duty for a closing agent to conduct a title search and independently determine whether a deed is forged or legitimate.

2023IQ Holdings, 451 S.W.3d at 871-73 .

2020LAW INST. 1977). 90 See Kinzbach, 160 S.W.2d at 514 (discussing the elements of a knowing participation claim); see also Hunter Bldgs. & Mfg., 436 S.W.3d at 15 (applying Kinzbach’s joint liability rule to a fiduciary duty claim); Darocy v. Abildtrup, 345 S.W.3d 129, 137 (Tex. App.—Dallas 2011, no pet.) (same); DeYoung v. Beirne, Maynard & Parsons, L.L.P., No. 01-13-00365-CV, 2014 Tex. App. LEXIS 2965 , at *15 (Tex. App.—Houston [1st Dist.] 2014, no pet.) (same). 52 all Huntsman needed to support a judgment holding Critical Path jointly and severally liable with Sims for the damages Sims caused

2020Corp., 823 S.W.2d 591, 594 (Tex. 1992). 15 hurt his employer.”16 Thus, a party making a fiduciary duty claim does not always have to prove the defendant profited or benefited personally from his breach.

2020LAW INST. 1977). 90 See Kinzbach, 160 S.W.2d at 514 (discussing the elements of a knowing participation claim); see also Hunter Bldgs. & Mfg., 436 S.W.3d at 15 (applying Kinzbach’s joint liability rule to a fiduciary duty claim); Darocy v. Abildtrup, 345 S.W.3d 129, 137 (Tex. App.—Dallas 2011, no pet.) (same); DeYoung v. Beirne, Maynard & Parsons, L.L.P., No. 01-13-00365-CV, 2014 Tex. App. LEXIS 2965 , at *15 (Tex. App.—Houston [1st Dist.] 2014, no pet.) (same). 52 all Huntsman needed to support a judgment holding Critical Path jointly and severally liable with Sims for the damages Sims caused

2019Under Texas law, a fiduciary relationship exists between attorneys and their clients.54 Under the rule prohibiting the fracturing of claims, a client may not sue an attorney on a fiduciary duty claim when the client’s claims are based on the same facts. 55 54 Meyer v. Cathey, 167 S.W.3d 327, 330 (Tex. 2005). 55 Goffney v. Rabson, 56 S.W.3d 186, 190 (Tex. App.—Houston [14th Dist.] 2001, writ denied). (“Texas law, however, does not permit a plaintiff to divide or fracture her legal malpractice claims into additional causes of action.”). 28 The record shows that Jennifer’s breach-of-fiduciary dut

2019Under Texas law, a fiduciary relationship exists between attorneys and their clients.54 Under the rule prohibiting the fracturing of claims, a client may not sue an attorney on a fiduciary duty claim when the client’s claims are based on the same facts. 55 54 Meyer v. Cathey, 167 S.W.3d 327, 330 (Tex. 2005). 55 Goffney v. Rabson, 56 S.W.3d 186, 190 (Tex. App.—Houston [14th Dist.] 2001, writ denied). (“Texas law, however, does not permit a plaintiff to divide or fracture her legal malpractice claims into additional causes of action.”). 28 The record shows that Jennifer’s breach-of-fiduciary dut

2016See id. (stating that a claim for breach of fiduciary duty, unlike a fraud claim, does not require a plaintiff to establish reliance and holding that “the fact that at-will employment precludes PAS from establishing justifiable reliance for purposes of its fraud claim on alleged statements by Engel regarding future employment with PAS, ... does not bar its breach of fiduciary duty claim”).

2015Heritage Gulf Props., Ltd. v. Sandalwood Apartments, Inc., 416 S.W.3d 642, 650 (Tex. App.—Houston [14th Dist.] 2013, 8 A different trial court had previously granted a default judgment against WFFI. 9 Chan posits that an attorney-client relationship arose out of his meeting with Sharpe. 5 no pet.).

2015See Romero v. KPH Consolidation, Inc., 166 S.W.3d 212, 220-21 (Tex.2005). *792 Governing Law The elements of a breach of a fiduciary duty claim are (1) a fiduciary relationship between the plaintiff and defendant, (2) a breach by the defendant of her fiduciary duty to the plaintiff, and (3) an injury to the plaintiff or benefit to the defendant as a result of the defendant’s breach.

2014See Meisler, 758 S.W.2d at 881 .

2012See Prudential , 29 S.W.3d at 77 .

2011See id. [5] Appellees state, without supporting argument, that summary judgment as to the fiduciary duty claim should be affirmed because PAS complains only of the omission of this claim from the Motion for Summary Judgment and does not challenge the propriety of summary judgment on the merits.

2003See Stiles v. Resolution Trust Corp., 867 S.W.2d 24, 26 (Tex.1993) (“[W]e hold that a summary judgment cannot be affirmed on grounds not expressly set out in the motion or response.”); McConnell v. Southside Indep.