law-breach-of-fiduciary-duty-inducement

Inducement to breach fiduciary duty

Regarding the inducement-to-breach-fiduciary-duty claim, Bluebonnet correctly states that
"where a third party knowingly participates in the breach of duty of a fiduciary, such third party
becomes a joint tortfeasor with the fiduciary and is liable as such."  Baty v. ProTech Ins. Agency,
63 S.W.3d 841, 864 (Tex. App.- Houston [14th Dist.] 2001, pet. denied) (citations omitted).  
However, Baty also provides that A[t]his rule . . . does not apply where the third party is doing that
which he has a legal right to do."  Id.

Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum (Tex.App.- Houston [14th Dist.] Oct. 9,
2008)(Substitute opinion by Brown) (SJ, admissible evidence,
no theft of theft of trade secrets, breach a fiduciary duty, tortious interference)