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It’s Not Personal; It Was Only Business

Posted on July 13, 2012 by John Havins Posted in Case Blog, Havins

Our client, the former CEO of a defunct Louisiana company, was sued in Texas by a vendor who claimed that our client was personally liable for the company’s falure to pay for products that the vendor had delivered to the company.  The vendor sued our client in Texas, even though he was not a resident of Texas, because he had traveled to Texas multiple times to meet with the vendor.  We defended the case by attacking the basis for the case being filed in Texas.  We established that each time our client traveled to Texas he had done so in his capacity as an officer of the Louisiana company and that he had never traveled to Texas or communicated with the vendor in his personal capacity.  Relying on the fiduciary-shield doctrine, which provides that a court cannot exercise jurisdiction over a nonresident corporate officer or employee if the contacts with Texas are made on behalf of the corporate employer, we persuaded the court to dismiss the lawsuit against our client.

Vendor Dispute
« Bow . . . WOW!
Who Changed the Deal »

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Breach of Contract Business Divorce Fiduciary Duty Non-Compete Partner Dispute Trade Secrets Vendor Dispute

Tags

Breach of Contract Business Divorce Fiduciary Duty Non-Compete Partner Dispute Trade Secrets Vendor Dispute

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