A Florida attorney who represents the billionaire Marshall family, which owns a 16% pale in Koch Industries, will accept to face a accusation in Texas alleging his belletrist to the affluent bunch corporation’s CEO were abusive to one Marshall ancestors member.
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Lawyer Edwin Hunter argued that a probate cloister in Harris County, Texas, did not accept administration over him back he lives in Florida. But Houston’s Fourteenth Cloister of Appeals alone that argument, advertisement examples of Hunter advising Marshall ancestors associates about acknowledged affairs in Texas.
The appellate court’s cardinal agency that Preston Marshall, one of the sons of almsman Elaine T. Marshall, will be able to advance on his claims that Hunter’s two belletrist to Charles Koch, co-owner, administrator and CEO of Koch Industries, disparaged and defamed him.
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Justice Meg Poissant wrote the Fourteenth Court’s assessment in Hunter v. Marshall, joined by Justices Ken Wise and Kevin Jewell.
In accession to Hunter, Preston Marshall sued his mother and the acreage of his father, E. Pierce Marshall, and added defendants. The altercation arose over shares in a aggregation that Preston Marshall declared his mother had promised to him, before allegedly breaching her fiduciary duties by not appointment the shares. The cardinal shows Preston Marshall additionally objected to his abortion from the family’s Houston-based staffing company, Maropco, which has back shuttered. Preston Marshall claimed that Hunter, the family’s longtime assurance and acreage lawyer, assisted in the breach, and breached his own duties to Preston Marshall.
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The plaintiff claimed that Hunter in 2015 wrote two belletrist to Koch that amounted to “a assize misrepresenting plaintiff’s accomplishments and attempting to portray him as a ne’er-do-well” because of a altercation with his brother, the assessment said. The belletrist disparaged and defamed Preston Marshall, he claimed, in backfire for his demands and lawsuits, amid added things.
The address afore Houston’s appellate cloister had to do with whether the probate cloister had administration over Hunter, who claimed he resides in Florida and Utah, and doesn’t do business in Texas.
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But the balloon cloister begin it did accept jurisdiction, because Hunter is accountant in Texas, and he does business in the state. For example, he has catholic to Texas to admonish the ancestors about a altercation in Texas, and alternate in the adjustment of that case. Hunter had additionally accustomed acknowledged admonition anon to Preston Marshall in Texas about trusts and acreage planning. On a ancillary note: Hunter had additionally brash the Marshall ancestors about accomplished action by archetypal and extra Anna Nicole Smith, who died in 2007, over the acreage of her asleep octogenarian husband, J. Howard Marshall, the assessment said.
The assessment said Preston Marshall had met his accountability to appearance his claims arose from Hunter’s contacts in Texas. The cloister disqualified that Hunter had bootless to authenticate that affirmation was bereft to authorize jurisdiction.
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“The balloon cloister did not err in absolute it could exercise specific administration over appellant,” the cardinal said.
Hunter’s attorney, Holland & Knight accomplice Brad Hancock of Houston, didn’t anon acknowledgment a alarm or email gluttonous comment. Neither did Preston Marshall’s counsel, Susman Godfrey accomplice Max Tribble of Houston.
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