Fiduciary Shield Doctrine Defeats Specific Jurisdiction
December 11, 2013The Court of Appeals affirmed the trial court’s ruling that appellees lacked sufficient contacts with Texas in their individual capacities to support the exercise of personal jurisdiction over them. Appellants argued that appellees were subject to specific jurisdiction in Texas because the tortious interference and related conspiracy claims against appellees directly relate to and arise from appellees’ purposeful contacts with Texas. According to the Court, any alleged jurisdictional contacts in furtherance of tortious interference made by appellees in their capacity as corporate officers are subject to the fiduciary shield doctrine and do not constitute contacts with Texas in their individual capacities because there was no proof such contacts were motivated solely by appelees’ personal interest. Accordingly, the Court found appellees’ evidence that none of their contacts with Texas were in their individual capacities, combined with the fact that appellees could not be liable in their individual capacities for their conduct on behalf of out of state entities, negated appellant’s jurisdictional allegations.
