Legal Opinion

Gupta v. Eastern Idaho Tumor Institute, Inc.

Texas Court of Appeals, 14th District (Houston)

Decided June 17, 2004No. 14-00-00079-CVPublishedCited by 66 opinions

1Opinion of the Court

OPINION

JOHN S. ANDERSON, Justice.

Shailesh Gupta appeals the jury verdict rendered in favor of Eastern Idaho Tumor Institute, Inc. for damages based on breach of fiduciary duty. Appellant contends the contract, on which the damages are based, is unenforceable because (1) the contract is illegal on its face; (2) a condition precedent was not satisfied; and (3) the non-assignment clause contained in the contract was violated. We affirm.

Factual Background

Northwest Radiation Medical Group, Ltd. (“Northwest”) is a California limited partnership created in 1991 by four Texas doctors and two…

2Cases cited21 opinions

  1. Mustang Pipeline Co. v. Driver Pipeline Co.Texas Supreme Court · 2004
  2. Cecil v. SmithTexas Supreme Court · 1991
  3. Phillips v. PhillipsTexas Supreme Court · 1992
  4. Lewis v. DavisTexas Supreme Court · 1947
  5. Chilton Insurance Co. v. Pate & Pate Enterprises, Inc., Texas Court of Appeals, 4th District (San Antonio)1996

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3Cited by66 opinions

  1. Community Health Systems Professional Services Corporation v. Henry Andrew Hansen, II, M.D.Texas Supreme Court · 2017
  2. Henry v. Masson, Texas Court of Appeals, 1st District (Houston)2010
  3. Jonathan Levine and Samantha Levine v. Steve Scharn Custom Homes, Inc., Steve Scharn, and NewFirst National Bank, Texas Court of Appeals, 1st District (Houston)2014
  4. Merry Homes, Inc. v. Chi Hung Luu, Texas Court of Appeals, 1st District (Houston)2010
  5. United States ex rel. Parikh v. Citizens Medical CenterDistrict Court, S.D. Texas · 2013

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