Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of September 28, 2020.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Spicer v. Maxus Healthcare Partners, LLC, No. 02-17-00449-CV (Oct. 1, 2020) (Sudderth, C.J., joined by Kerr and Birdwell, JJ.).

Held:  Business Organizations Code Section 21.223, which reflects legislative limits on recovery from an individual based on a company’s obligations—i.e., the individual’s vicarious liability under a piercing-the-veil or related theory—does not preempt that individual’s direct liability for her own tortious acts, and attorney’s fees cannot be recovered from an LLC under Civil Practice and Remedies Code Section 38.001.