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Red Sea Gaming, Inc. v. Block Investments Co.

While the jury charge does not define the duty of loyalty and care in precisely the same terminology as the statute, the statutory language is non-exclusive rather than exclusive. The court of appeals rejected the premise that the jury was actually instructed on fiduciary duty rather than the duties of loyalty and care. El Paso Court of Appeals, No. 08-07-00288-CV, 01-13-2010

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OPINION

This appeal arises from a dispute between limited partners over the sale of a partnership interest in a Las Vegas hotel and casino. Red Sea Gaming Inc. and Red Sea Nevada, Inc. (“Red Sea”) complain of an insufficient damage award. Block Investments (Nevada) Company, Block 1991 Investment Trust, and Michael A. Block (“Block”) raise a cross-point challenging the denial of their motion for judgment n.o.v. on liability. We overrule Block’s cross-point, sustain Red Sea’s complaint as to damages, and remand for trial.

FACTUAL BACKGROUND

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