A Husch Blackwell litigation team secured a landmark reversal on behalf of Martin Kay when the Texas Fourteenth Court of Appeals denied his ex-wife’s second motion for reconsideration after it reversed, in October 2025, a nearly $54 million judgement entered by the trial court in her favor.
The litigation arises out of the couple’s 2016 divorce agreement and the subsequent allegations that Kay breached fiduciary duties owed to a jointly-owned limited liability company. The Court of Appeals found that the parties’ agreements narrowed the scope of Kay’s fiduciary duties to the jointly-owned enterprise and noted that “the jury was asked to assess damages for Kay’s breach of fiduciary duty…and the jury answered, ‘$0’.”
The Husch Blackwell team was led by partner Mark Fritsche and included attorney Jackson Goodwin.
“The Fourteenth Court of Appeals’ holding affirms Mr. Kay's position that the success of his post-divorce endeavors seeking to deploy a software and service platform built with artificial intelligence into the real estate industry is not a proxy for the traditional real estate brokerage that he operated prior to his divorce,” Fritsche said.