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Texas law is instructive.  To recover for breach of fiduciary duty, the evidence must prove 'the existence of a fiduciary duty, breach of the duty, causation, and damages.' Abetter Trucking Co. v. Arizpe, 113 S.W.3d 503, 508 (Tex. App. 2003). Fiduciary duties are imposed by courts on some business relationships because of the special trust between the parties. Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193, 200 (Tex. 2002). Yet, Texas courts have deemed it 'impossible to give a definition of the term that is comprehensive enough to cover all cases.' Id. at 199. '[G]enerally speaking, it applies to any person who occupies a position of peculiar confidence towards another.' Id. This broad definition includes relationships of 'integrity and fidelity' and contemplates 'fair dealing and good faith' rather than legal obligation, as the basis of the transaction. Id. Nevertheless, Texas courts also warn that it is well settled that 'not every relationship involving a high degree of trust and confidence rises to the stature of a fiduciary relationship.' Schlumberger Tech. Corp. v. Swanson, 959 S.W.2d 171, 176-177 (Tex. 1997).


Under Texas law, fiduciary relationships can arise from both formal and ...

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