United States Fifth Circuit

In a breach of contract action regarding a failed land deal, judgment for Plaintiff is affirmed, where: 1) Plaintiff failed to establish lost-profit damages with reasonable certainty; and 2) limited partners owe fiduciary duties to fellow limited partners under Texas law, and there was evidence that Defendant limited partners controlled the general partnership at issue.

Appellate Information

• Decided 04/07/2009
• Published 04/07/2009

Judges

• EDITH BROWN CLEMENT, Circuit Judge., Before KING, BENAVIDES and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Geoffrey Robert Unger, Juan M. Alcala (argued), Courtney Thornton Stewart, DLA Piper US, LLP, Austin, TX, for McBeth and Reynolds., Eric Jay Taube (argued), Bryan Neal Meinzer, Hohmann, Taube & Summers, Austin, TX, for Carpenter.


• For Appellees:
  
• R. Gaines Griffin (argued), Davidson & Troilo, San Antonio, TX, for Defendants-Appellants-Cross-Appellees.