The return of Ritchie v. Rupe

After the Texas Supreme Court’s reversed the Fifth Court’s analysis of a shareholder oppression claim in Ritchie v. Rupe, 443 S.W.3d 856 (Tex. 2014), it remanded for consideration of a parallel “informal fiduciary duty” claim.  On remand, the Fifth Court rejected that claims, concluding: (1) standing alone, “evidence of domination and control” by the majority shareholder would not establish the necessary duty, and (2) the various familial and business relationships between the plaintiff and the defendants were not enough to establish a relationship of trust and confidence, notwithstanding the interaction of various family trusts over the years.  Ritchie v. Rupe, No. 05-08-00615-CV (Jan. 12, 2016) (mem. op.)