Belliveau v. Barco, Inc., discussed yesterday as to its holding about veil-piercing, also found that the plaintiff had not established a fiduciary relationship with the defendants under Texas law. The Court examined:

  • The general principle that “one party’s subjective belief” is insufficient to establish an attorney-client relationship;
  • The inadequacy of “vague and conclusory” statements about the parties’ dealings to satisfy that standard (especially if later deposition testimony undermines those statements); and
  • The long-standing principle that to establish an informal relationship of  “trust and confidence,” that relationship must have existed before the “agreement made
    the basis of the suit.”

No. 19-5017 (Jan. 28, 2021). The dissenting judge agreed with the majority on its analysis of this claim.

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