Legal Opinion

Dan E. Roberts D/B/A Exprestel v. Debra Whitfill D/B/A Total Access Communication

Texas Court of Appeals, 10th District (Waco)

Decided March 22, 2006No. 10-04-00030-CVPublished

1Opinion of the Court

IN THE

TENTH COURT OF APPEALS

No. 10-04-00030-CV

Dan E. Roberts d/b/a ExpresTel,

Appellant

v.

Debra Whitfill

d/b/a Total Access Communication,

Appellee

From the 18th District Court

Johnson County, Texas

Trial Court No. 200100338

Opinion

Dan Roberts and Debra Whitfill were business partners in Cleburne. After their partnership dissolved and they became competitors, Whitfill sued Roberts for antitrust violations, fraud, and breach of fiduciary duty. Aided by a spoliation instruction, Whitfill prevailed before a jury, which found for her on all three claims and assessed damages of $110,000 in compensatory…

2Cases cited34 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  3. Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
  4. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
  5. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962

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