Julie Stull & JMJ Productions v. Greg LaPlant and Chris Kolaskos
411 S.W.3d 129
| Tex. App. | 2013Background
- Stull and JMJ Productions sued LaPlant and Kolaskos in Dallas County for breach of contract to provide entertainment for the Official Penthouse Super Party preceding Super Bowl XLV in Dallas.
- LaPlant and Kolaskos are California residents and executives of RSP Talent, Inc., with its principal place of business in California.
- The trial court granted the defendants' special appearance challenging personal jurisdiction under the fiduciary shield doctrine; appeal followed.
- Plaintiffs alleged the defendants and RSP contracted with GMCI (Penthouse Promotions) to provide hostesses, red-carpet appearances, and emceeing in Texas; Schedule A identified RSP as the signing party and Kolaskos as RSP's agent.
- Defendants submitted evidence showing no Texas personal obligation; contacts included Texas communications, bank wiring, and Texas travel related to RSP’s contract.
- The court concluded the fiduciary shield doctrine applies, and thus the defendants' Texas contacts were attributable to RSP, negating specific jurisdiction over the individuals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fiduciary shield applies to specific jurisdiction | Stull argues shield does not apply to specific jurisdiction. | LaPlant/Kolaskos contend shield precludes jurisdiction. | Fiduciary shield applies; no specific jurisdiction over appellees. |
Key Cases Cited
- Moki Mac River Expeditions v. Drugg, 221 S.W.3d 569 (Tex. 2007) (standard for de novo review of special appearances; infer facts when none)
- Kelly v. Gen. Interior Constr., Inc., 301 S.W.3d 653 (Tex. 2010) (burden-shifting in special appearances; negate bases to establish jurisdiction)
- Wolf v. Summers-Wood, L.P., 214 S.W.3d 783 (Tex. App.—Dallas 2007) (fiduciary shield doctrine; corporate agent liability limits)
- Hotel Partners v. Craig, 993 S.W.2d 116 (Tex. App.—Dallas 1994) (principle that when an agent represents a principal in Texas, the principal does business there)
- TexVa, Inc. v. Boone, 300 S.W.3d 879 (Tex. App.—Dallas 2009) (fiduciary shield doctrine does not shield officer for personal torts)