citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
764,65,"Prudential Ins. Co. v. Fin. Review Servs., Inc.","29 S.W.3d 74, 77",Tex.,2000,JNOV proper when directed verdict would have been proper,Kassab
765,65,"B&W Supply, Inc. v. Beckman","305 S.W.3d 10, 15-16",Tex. App.—Houston [1st Dist.],2009,"JNOV when evidence conclusive and one party entitled to recover as matter of law, or legal principle precludes recovery; scintilla standard",Kassab
766,65,"United Parcel Serv., Inc. v. Tasdemiroglu","25 S.W.3d 914, 916 n.4",Tex. App.—Houston [14th Dist.],2000,JNOV if legal principle prevents party from prevailing on its claim,Kassab
767,65,"Title Source, Inc. v. HouseCanary, Inc.","612 S.W.3d 517, 527",Tex. App.—San Antonio,2020,TUTSA claimant must first show it owns a trade secret,Kassab
768,65,In re George,"28 S.W.3d 511, 516",Tex.,2000,Attorney is agent of client; work product generated by attorney belongs to client,Kassab
769,65,In re McCann,"422 S.W.3d 701, 704-706",Tex. Crim. App.,2013,Client owns contents of file; attorney's lien is transitory interest in someone else's property — attorney asserting lien never owns the property,Kassab
770,65,"RMS Software Dev. v. LCS, Inc.","No. 01-96-00824-CV, 1998 Tex. App. LEXIS 1053, at *11",Tex. App.—Houston [1st Dist.],1998,Non-owner of trade secret has no standing to sue for misappropriation,Kassab
771,65,Fmc Techs. v. Murphy,"No. 01-21-00455-CV, 2023 Tex. App. LEXIS 5984, at *62",Tex. App.—Houston [1st Dist.],2023,"To meet burden of independent economic value, plaintiff must prove competitive advantage; combination of information alone doesn't qualify as trade secret",Kassab
772,65,"ERI Consulting Eng'rs, Inc. v. Swinnea","318 S.W.3d 867, 872",Tex.,2010,Fiduciary who acquires interest adverse to principal without full disclosure commits betrayal of trust,Kassab
773,65,"J.C. Kinley Co. v. Haynie Wire Line Serv., Inc.","705 S.W.2d 193, 198",Tex. App.—Houston [1st Dist.],1985,Subject matter of a trade secret must be secret,Kassab
774,65,Landry v. Burge,"No. 05-99-01217-CV, 2000 Tex. App. LEXIS 6606, at *18",Tex. App.—Dallas,2000,General rule that client's identity is not privileged or considered confidential information under disciplinary rules,Kassab
775,65,"Borden, Inc. v. Valdez","773 S.W.2d 718, 720-21",Tex. App.—Corpus Christi,1989,Terms and conditions of attorney's employment and purpose of engagement are nonconfidential matters,Kassab
776,65,"Jim Walter Homes, Inc. v. Foster","593 S.W.2d 749, 752",Tex. Civ. App.—Eastland,1979,Fee arrangement is not privileged,Kassab
777,65,"Jordan v. Sony BMG Music Entm't, Inc.","No. H-06-1673, 2008 U.S. Dist. LEXIS 47415, at *5",S.D. Tex.,2008,Attorney-client contract is not privileged,Kassab
778,65,"Early, Ludwick & Sweeney, LLC v. Steele","1998 Conn. Super. LEXIS 2256, at *6-7",Conn. Super. Ct.,1998,Client contact information list not a trade secret; usual confidentiality precautions by law firm insufficient; not all confidential information meets trade secret definition,Kassab
779,65,Reynolds v. Sanchez Oil & Gas Corp.,"No. 01-18-00940-CV, 2023 Tex. App. LEXIS 8903, at *47-49",Tex. App.—Houston [1st Dist.],2023,Confidential information not necessarily a trade secret; TUTSA preempts claims primarily based on misappropriation of trade secrets,Kassab
780,65,"Sci. Mach. & Welding, Inc. v. Rose","No. 03-20-00564-CV, 2022 Tex. App. LEXIS 1884, at *6",Tex. App.—Austin,2022,Trade secret status waived by failing to designate documents as confidential despite opportunity under protective order,Kassab
781,65,"Baxter & Assocs., L.L.C. v. D&D Elevators, Inc.","No. 05-16-00330-CV, 2017 Tex. App. LEXIS 1352, at *28",Tex. App.—Dallas,2017,Customer lists not labeled as confidential or proprietary were not subject of efforts to maintain secrecy,Kassab
782,65,Stemtech Int'l Inc. v. Drapeau,"No. 1:16-cv-918-RP, 2016 U.S. Dist. LEXIS 178591, at *35",W.D. Tex.,2016,Public availability makes information ineligible for trade secret protection when persons receiving disclosure are under no obligation to keep it confidential,Kassab
783,65,"Glob. Water Grp., Inc. v. Atchley","244 S.W.3d 924, 931",Tex. App.—Dallas,2008,Trial court did not err in granting JNOV on misappropriation claims when trade secret not shown,Kassab
784,65,Gen. Universal Sys. v. HAL Inc.,"500 F.3d 444, 451",5th Cir.,2007,TUTSA explicitly precludes treating trade secret misappropriation as a continuing tort,Kassab
785,65,Sw. Energy Prod. Co. v. Berry-Helfand,"491 S.W.3d 699, 710-11, 721-22",Tex.,2016,"Cause of action for trade secret misappropriation accrues when trade secret is actually used; recoverable losses include lost profits, defendant's profits, reasonable investor price, avoided development costs, reasonable royalty; damages cannot be based on sheer speculation",Kassab
786,65,"Agar Corp., Inc. v. Electro Circuits Int'l, LLC","580 S.W.3d 136, 145",Tex.,2019,Rejected last-overt-act accrual rule; conspiracy claim for misappropriation accrues against all co-conspirators when underlying tort accrues; does not re-accrue with new overt act,Kassab
787,65,Harang v. Aetna Life Ins. Co.,"400 S.W.2d 810, 813",Tex. Civ. App.—Houston,1966,Limitations runs from when injury occurs; conspiracy claim against late-added co-conspirator was time-barred,Kassab
788,65,Dugger v. Arredondo,"408 S.W.3d 825, 827-28, 833, 839",Tex.,2013,Unlawful acts doctrine bars recovery when plaintiff engaged in unlawful act inextricably intertwined with claim; preempted by proportionate responsibility only in personal injury/wrongful death; remains viable in other cases including attorney claims,Kassab
789,65,Peeler v. Hughes & Luce,"909 S.W.2d 494, 496-97",Tex.,1995,Client's criminal conduct is sole proximate cause of conviction injury; cannot bring malpractice claim absent exoneration,Kassab
790,65,Truyen Luong v. McAllister,"No. 01-17-00198-CV, 2018 WL 3651103, at *4",Tex. App.—Houston [1st Dist.],2018,Unlawful acts doctrine barred claims arising from solicitation of clients and unlawful fee-sharing,Kassab
791,65,Denson v. Dallas Cnty. Credit Union,"262 S.W.3d 846, 855",Tex. App.—Dallas,2008,Unlawful acts doctrine barred claims arising from illegal sale of automobiles,Kassab
792,65,Sharpe v. Turley,191 S.W.3d 362,Tex. App.—Dallas,2006,Precluded recovery from attorney because plaintiff's underlying conduct was unlawful,Kassab
793,65,Farha v. Elam,"385 S.W.2d 692, 695",Tex. Civ. App.—Fort Worth,1964,Denied recovery for claimant who practiced architecture without license and then sued partner,Kassab
794,65,"Wal-Mart Stores, Inc. v. Medina","814 S.W.2d 71, 73",Tex. App.—Corpus Christi,1991,Public policy strongly favors exposure of crime,Kassab
795,65,Cluck v. Mecom,"401 S.W.3d 110, 114",Tex. App.—Houston [14th Dist.],2011,"Fiduciary has affirmative duty to make full and accurate confession of all fiduciary activities, transactions, profits, and mistakes",Kassab
796,65,Bartnicki v. Vopper,"532 U.S. 514, 539",U.S.,2001,"Trade secret law permits disclosures relevant to public health/safety, commission of crime/tort, or other matters of substantial public concern",Kassab
797,65,Alderson v. United States,"718 F. Supp. 2d 1186, 1200",C.D. Cal.,2010,There simply cannot be any trade secret about ongoing illegality,Kassab
798,65,"Sys. Operations, Inc. v. Sci. Games Dev. Corp.","425 F. Supp. 130, 136",D.N.J.,1977,Disclosure of trade secret information may itself be privileged,Kassab
799,65,Crampton v. Farris,"596 S.W.3d 267, 274-75",Tex. App.—Houston [1st Dist.],2019,Even allegations of wrongdoing in connection with prosecution of disciplinary actions are absolutely immune if predicated upon participation in attorney disciplinary system; immunity extends to all actions,Kassab
800,65,"Landry's, Inc. v. Animal Legal Def. Fund","631 S.W.3d 40, 46, 48-50",Tex.,2021,"Judicial proceedings privilege is absolute; covers all statements by judge, jurors, counsel, parties, witnesses; attaches to communications preliminary to contemplated proceedings; protects communications necessary to set judicial machinery in motion",Kassab
801,65,Laub v. Pesikoff,"979 S.W.2d 686, 690-91",Tex. App.—Houston [1st Dist.],1998,"Judicial proceedings privilege applied to claims including intentional interference, civil conspiracy, IIED, negligence, constitutional violations; applies regardless of claim label when essence is damages flowing from judicial communications",Kassab
802,65,"Tex. Mut. Ins. Co. v. Ray Ferguson Interests, Inc.","No. 01-02-00807-CV, 2006 Tex. App. LEXIS 2001, at *23-28",Tex. App.—Houston [1st Dist.],2006,Judicial proceedings privilege applied to statutory Insurance Code claim; financial loss due to time spent on litigation matters in another case not recoverable as matter of law,Kassab
803,65,Bradt v. West,"892 S.W.2d 56, 72",Tex. App.—Houston [1st Dist.],1992,Attorney does not have right of recovery under any cause of action against another attorney arising from conduct in discharge of duties representing a party,Kassab
804,65,Youngkin v. Hines,"546 S.W.3d 675, 681-82",Tex.,2018,Attorney immune from liability to nonclients for conduct within scope of representation; inquiry focuses on kind of conduct not alleged wrongfulness; filing lawsuits and pleadings fell within attorney immunity,Kassab
805,65,"Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C.","595 S.W.3d 651, 657",Tex.,2020,Criminal conduct not categorically excepted from attorney civil immunity when conduct is connected with representing a client in litigation,Kassab
806,65,"Cantey Hanger, LLP v. Byrd","467 S.W.3d 477, 483, 485",Tex.,2015,Attorney's conduct may be wrongful but still fall within scope of client representation; attorney immune from conduct that occurred after litigation ended,Kassab
807,65,Taylor v. Tolbert,"644 S.W.3d 637, 642, 648",Tex.,2022,Attorney immunity applied to statutory claim because statute did not expressly abrogate immunity; attorney not civilly liable for criminal-nature conduct committed while discharging duties to client,Kassab
808,65,Kassab v. Pohl,"612 S.W.3d 571, 578",Tex. App.—Houston [1st Dist.],2020,All of Kassab's complained-of conduct arose out of commercial transaction involving the type of legal services Kassab provides,Kassab
809,65,"Clayton v. Oldcastle Materials Tex., Inc.","No. 09-18-00063-CV, 2019 Tex. App. LEXIS 1112, at *12, 15",Tex. App.—Beaumont,2019,Attorney immunity applied to attorney selling legal services to potential client and subsequent conduct in course of representation,Kassab
810,65,"Haynes & Boone, LLP v. NFTD, LLC","631 S.W.3d 65, 78-79, 81",Tex.,2021,Attorney immunity applies to claims based on conduct outside the litigation context; applied to conduct committed as part of business transaction,Kassab
811,65,"Highland Capital Mgmt., LP v. Looper Reed & McGraw, P.C.","No. 05-15-00055-CV, 2016 Tex. App. LEXIS 442, at *10-11",Tex. App.—Dallas,2016,"Attorney immunity applied to claim of malicious illegal acquisition, retention, use of proprietary/confidential information known to be stolen",Kassab
812,65,"K3 Enter., Inc. v. Sasowski","No. 20-24441-CIV-CAN, 2022 U.S. Dist. LEXIS 234206, at *10",S.D. Fla.,2022,"Actual loss means loss of profits, lost customers, or lost market share; reputational damage not actual loss under Uniform Trade Secrets Act",Kassab
813,65,"Fin. Info. Techs., LLC v. iControl Sys., USA, LLC","21 F.4th 1267, 1276",11th Cir.,2021,Actual loss understood in terms of lost profits,Kassab
814,65,"Selectica, Inc. v. Novatus, Inc.","No. 6:13-cv-1708-Orl-40TBS, 2015 U.S. Dist. LEXIS 191940, at *9",M.D. Fla.,2015,"Actual loss defined as loss of profits, lost customers or lost market share",Kassab
815,65,"Saforo & Assocs., Inc. v. Porocel Corp.","991 S.W.2d 117, 124",Ark.,1999,"Actual loss means plaintiff's lost profits or defendant's gain, whichever affords greater recovery",Kassab
816,65,"GME, Inc. v. Carter","917 P.2d 754, 757",Idaho,1996,"Actual loss means lost profits, lost customers, lost market share; anomaly to allow attorney fees as damages",Kassab
817,65,"Twin Falls Staffing, LLC v. Visser (In re Visser)","No. 1:13-cv-00408-BLW, 2014 U.S. Dist. LEXIS 56705, at *9",D. Idaho,2014,Losses from misappropriation logically include lost profits but not attorney fees,Kassab
818,65,"Morgan v. Clements Fluids S. Tex., Ltd.","589 S.W.3d 177, 191 n.4",Tex. App.—Tyler,2018,Courts should look to other states' interpretations of Uniform Trade Secrets Act when interpreting TUTSA,Kassab
819,65,"Lacore Enters., LLC v. Angles","No. 05-21-00798-CV, 2023 Tex. App. LEXIS 1926, at *32-33",Tex. App.—Dallas,2023,Attorney's fees incurred in a lawsuit are not actual damages; rejected contention that disclosure causing attorney fees was evidence of damages,Kassab
820,65,Martin-Simon v. Womack,"68 S.W.3d 793, 797",Tex. App.—Houston [14th Dist.],2001,Fees expended in prior litigation generally not recoverable as damages; recoverable only when agreement provides,Kassab
821,65,Tana Oil & Gas Corp. v. McCall,"104 S.W.3d 80, 81-82",Tex.,2003,Attorney fees for defending a different claim not recoverable as damages as matter of law,Kassab
822,65,O'Neal v. Dale,"No. 02-20-00173-CV, 2021 Tex. App. LEXIS 466, at *28",Tex. App.—Fort Worth,2021,Party's claim of incurring attorney fees to defend against another claim is not a viable damage claim,Kassab
823,65,"Woodhaven Partners Ltd. v. Shamoun & Norman, L.L.P.","422 S.W.3d 821, 837",Tex. App.—Dallas,2014,Party relying on non-recoverable damages alone (attorney fees from defending lawsuit) has presented legal barrier to recovery,Kassab
824,65,Naschke v. Gulf Coast Conference,"187 S.W.3d 653, 655",Tex. App.—Houston [14th Dist.],2006,Tort of another exception: one required by another's tort to bring/defend action against third person may recover fees; but court bound to follow existing law and cannot adopt theory not enacted by Legislature or adopted by Supreme Court,Kassab
825,65,"Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. Nat'l Dev. & Research Corp.","299 S.W.3d 106, 119, 122-23",Tex.,2009,"Did not address whether tort of another exception should be adopted; causation must be proved, conjecture/guess/speculation insufficient; insufficient evidence of attorney fee damages in malpractice when no evidence opposing party would not have appealed",Kassab
826,65,"Per-Se Techs., Inc. v. Sybase, Inc.","No. 01-03-01293-CV, 2005 Tex. App. LEXIS 5096, at *24",Tex. App.—Houston [1st Dist.],2005,Tort of another as equitable doctrine can only apply when plaintiff is wholly innocent of any wrongdoing,Kassab
827,65,Riner v. Neumann,"353 S.W.3d 312, 323",Tex. App.—Dallas,2011,Declined to adopt tort of another exception given Supreme Court's adherence to American Rule,Kassab
828,65,TOKA Gen. Contractors v. Wm. Rigg Co.,"No. 04-12-00474-CV, 2014 Tex. App. LEXIS 3776, at *20",Tex. App.—San Antonio,2014,Collecting cases declining tort of another exception,Kassab
829,65,"Brannan Paving GP, LLC v. Pavement Markings, Inc.","446 S.W.3d 14, 27",Tex. App.—Corpus Christi,2013,Tort of another referred to as equitable exception to general rule,Kassab
830,65,Frazier v. Havens,"102 S.W.3d 406, 414",Tex. App.—Houston [14th Dist.],2003,One who seeks equitable remedy must do equity and come to court with clean hands,Kassab
831,65,"Pacesetter Pools, Inc. v. Pierce Homes, Inc.","86 S.W.3d 827, 834",Tex. App.—Austin,2002,Equitable principles do not allow recovery of previously incurred attorney fees when jury found damages caused by both parties' negligence,Kassab
832,65,Dayton Hudson Corp. v. Eldridge,"742 S.W.2d 482, 488",Tex. App.—Dallas,1987,Non-innocent party cannot recover attorney fees and expenses as damages from alleged wrongful act of another,Kassab
833,65,City of Harlingen v. Estate of Sharboneau,"48 S.W.3d 177, 182",Tex.,2001,"Market value means price property will bring when offered by willing seller to willing buyer, neither under compulsion",Kassab
834,65,"Accurate Precision Plating, LLC v. Guerrero","No. 01-14-00706-CV, 2015 Tex. App. LEXIS 12034, at *7",Tex. App.—Houston [1st Dist.],2015,"Intrinsic value not the same as market value; property owner can only testify about market value, not intrinsic or speculative value",Kassab
835,65,"Pike v. Tex. EMC Mgmt., LLC","610 S.W.3d 763, 784 & n.27",Tex.,2020,Distinguished market value from actual value; evidence of purchase price alone cannot establish market value; approved take-nothing judgments where purchase price was only damages evidence,Kassab
836,65,"InterFirst Bank Dall., N.A. v. Risser","739 S.W.2d 882, 891",Tex. App.—Texarkana,1987,One sale not sufficient to fix fair market value,Kassab
837,65,"Mo., K. & T. R. Co. v. Moss","135 S.W. 626, 627",Tex. Civ. App.,1911,Evidence of single sale admissible but not alone sufficient to establish market value,Kassab
838,65,Stanfield v. [unknown full cite],"494 S.W.3d at 99, 102-03",Unknown,,Mere 'but for' cause of intervening conduct does not make first actor liable; clients' decisions to sue were superseding/intervening cause,Kassab
839,65,Saulsberry v. Ross,"485 S.W.3d 35, 50",Tex. App.—Houston [14th Dist.],2015,Attorney fee damages award insufficient when evidence suggested client would have incurred fees regardless of lawyer's actions,Kassab
840,65,"VEST Safety Med. Servs., LLC v. Arbor Env't, LLC","No. 4:20-CV-0812, 2022 U.S. Dist. LEXIS 127285, at *10",S.D. Tex.,2022,Weight of authority from district courts within Fifth Circuit demonstrates conspiracy claim is preempted by TUTSA,Kassab
841,65,Redwine v. Peckinpaugh,"535 S.W.3d 44, 50, 52",Tex. App.—Tyler,2017,Whether exemplary damages supported by unanimous finding is no-evidence/matter-of-law issue; trial court erred in entering exemplary damages when verdict was not unanimous,Kassab
842,65,Cullum v. White,"399 S.W.3d 173, 188",Tex. App.—San Antonio,2011,"As matter of law, party cannot recover exemplary damages without unanimous verdict on underlying theory of liability",Kassab
843,65,DeAtley v. Rodriguez,"246 S.W.3d 848, 850",Tex. App.—Dallas,2008,Non-unanimous verdict on liability insufficient as matter of law to support exemplary damages,Kassab