On May 26, 2017, the Texas Supreme Court refused to recognize the existence of a cause of action for tortious interference with inheritance rights. Kinsel v Lindsey, 15-0403, 2017 WL 2324392 (Tex. May 26, 2017). Many Texas courts have long considered this to be a viable cause of action since the 1987 decision of
Fiduciary Law
Texas Shareholder Derivative Actions Made Easier
Just when it looked like all was lost for minority shareholders of closely held Texas corporations after the Texas Supreme Court eliminated shareholder oppression as a cause of action, along came the Court’s decision of Sneed v. Webre, 465 S.W.3d 169 (Tex. 2015). In this fascinating decision, the Court found that shareholders of TX closely…
Fiduciary Duties Owed by Members of Texas Limited Liability Companies
The Texas Supreme Court has made it clear in a recent opinion that majority shareholders do not owe formal fiduciary duties to minority shareholders, even in closely held corporations. Cardiac Perfusion Services, Inc. v. Hughes, 436 S.W.3d 790 (Tex. 2014). However, a recent Texas appellate court held that managing members of a limited liability…
Texas Corporate Fiduciary Duties Alive and Well
The last post discussed the Texas Supreme Court’s recent decision in Ritchie v. Rupe eliminating shareholder oppression as a cause of action in Texas. However, all is not lost for minority owners in small corporations or limited liability companies who are treated unfairly. In fact, the same court made it clear that board of director…
Texas Supreme Court to Address Shareholder Oppression
It is no secret that a majority of Texas corporations are privately held companies controlled by a small number of shareholders. The controlling shareholders in these corporations may have a duty not to oppress the economic interests of the shareholders holding a minority interest. There are currently three cases pending before the Texas Supreme Court …