During the Survey period, Texas courts issued important decisions in professional liability actions of all types. The Texas Supreme Court clarified a 2012 health care liability opinion that was causing inconsistencies among the courts of appeals. The supreme court also addressed the enforceability of arbitration agreements in both the health care and legal malpractice contexts. Finally, the Survey period included several decisions related to director and officer liability that addressed outstanding questions about the application of the business judgment rule to closely held corporations; the viability of double derivative standing; the definition of the term “investment contract” under the Texas Securities Act; the limitations period for suits brought against a partner to collect on judgments against the partnership; whether Texas specific personal jurisdiction extended to non-resident corporate officers in securities fraud cases; and whether joint venture status applied to certain types of real estate partnerships.
Debran L. O’Neil, et al., Professional Liability, 2 SMU Ann. Tex. Surv. 363 (2016)