This survey examines significant business torts decisions by Texas courts for the period from March 2012 through February 2013. “Business torts” obviously covers a broad spectrum, and in narrowing the survey, we included cases that either decided new issues or examined issues of particular interest to business litigators. During the survey period, Texas courts addressed: (1) the meaning of restoration under the Texas Deceptive Trade Practices – Consumer Protection Act (“DTPA”); (2) the circumstances under which the hiring of an at-will employee can constitute tortious interference; (3) whether fiduciaries can release potential fraudulent inducement claims against each other without disavowing their fiduciary duties; and (4) whether a limited partner owes an informal fiduciary duty to the limited partnership based on the formal fiduciary duties owed to the other parties to the transaction.

Restoration Under the DTPA Requires Prevailing Consumers to Return the Benefits Received

Hiring an At-Will Employee Does Not Constitute Tortious Interference

Fiduciaries Can Release Each Other Without First Disavowing Their Duties

Fiduciary Duty by Association

 

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Tags: business torts, Texas Business Torts Update, Texas courts, Texas Deceptive Trade Practices