During the survey period, Texas courts amplified the importance of carefully drafting and structuring joint venture relationships. Specifically, Texas courts continued to generally show deference to juries’ finding of partnership formation, even if the basis for the formation of the partnership is merely the actions and words of the parties. Another broad theme of the cases from this survey period was the importance of careful pleadings over the course of an adjudication, as many of the outcomes during the survey period hinged on such procedural actions. This article is divided into five main sections that review cases covering the following topics: (I) partnership formation; (II) breach of partners’ duties, including fiduciary and disclosure duties; (III) personal liability of members or managers under veil-piercing principles; (IV) derivative claims; and (V) creditors’ remedies against a partner.
Jeff Dorrill, et al., Partnership Law, 4 SMU Ann. Tex. Surv. 307 (2018)