Chief Judge Fitzwater Grants Partial Summary Judgment In Hoffman v. L&M Arts Case

On August 26, 2013, Chief Judge Fitzwater issued an opinion (available here) in Hoffman v. L&M Arts. The case involves Hoffman’s (a noted Dallas philanthropist’s) sale of a Rothko painting for $17.6 million. (For more details, see Hoffman’s complaint, which is available here). Of note, Chief Judge Fitzwater ruled that unpleaded claims are insufficient to avoid summary judgment. He also dismissed Hoffman’s fraudulent inducement claim, but allowed Hoffman’s breach of contract damages theory to remain in the case, finding it legally viable.