citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
682,59,Redwine v. Peckinpaugh,535 S.W.3d 44,Tex. App.—Tyler,2017,Trial court erred in entering judgment awarding exemplary damages when jury's verdict was not unanimous despite answering exemplary damages question,Kassab
683,59,DeAtley v. Rodriguez,246 S.W.3d 848,Tex. App.—Dallas,2008,Trial court did not err in reforming judgment where non-unanimous verdict on liability was insufficient as a matter of law to support exemplary damages under Rule 292,Kassab
684,59,"K3 Enter., Inc. v. Sasowski","No. 20-24441-CIV-CAN, 2022 U.S. Dist. LEXIS 234206",S.D. Fla.,2022,"'Actual loss' under Uniform Trade Secrets Act means loss of profits, lost customers or lost market share; reputational damage is not an 'actual loss'",Kassab
685,59,"Fin. Info. Techs., LLC v. iControl Sys., USA, LLC",21 F.4th 1267,11th Cir.,2021,Understanding 'actual loss' in terms of lost profits,Kassab
686,59,"Skelectica, Inc. v. Novatus, Inc.","No. 6:13-cv-1708-Orl-40TBS, 2015 U.S. Dist. LEXIS 191940",M.D. Fla.,2015,"'Actual loss' has been defined as 'loss of profits, lost customers or lost market share'",Kassab
687,59,"GME, Inc. v. Carter",917 P.2d 754,Idaho Supreme Court,1996,"Actual loss under Idaho UTSA means lost profits, lost customers, lost market share; it would be anomalous to allow attorney fees as part of damages",Kassab
688,59,"Morgan v. Clements Fluids S. Tex., Ltd.",589 S.W.3d 177,Tex. App.—Tyler,2018,Courts should look to other states' uniform trade secret acts when interpreting TUTSA; Florida UTSA is very similar to TUTSA,Kassab
689,59,Sw. Energy Prod. Co. v. Berry-Helfand,491 S.W.3d 699,Tex.,2016,"Pre-TUTSA recoverable losses for trade secret claims include lost profits, defendant's actual profits, value a reasonable investor would pay, development costs avoided, and reasonable royalty",Kassab
690,59,"Carbo Ceramics, Inc. v. Keefe",166 F. App'x 714,5th Cir.,2006,"Trade secret damages based on either value of what plaintiff lost or what defendant gained, usually measured by lost profits (applying Texas law)",Kassab
691,59,"Lacore Enters., LLC v. Angles","No. 05-21-00798-CV, 2023 Tex. App. LEXIS 1926",Tex. App.—Dallas,2023,Attorney's fees incurred in a lawsuit are not actual damages under TUTSA,Kassab
692,59,Martin-Simon v. Womack,68 S.W.3d 793,Tex. App.—Houston [14th Dist.],2001,Fees expended in prior litigation generally are not recoverable as damages; fees are recoverable only when an agreement between the parties so provides,Kassab
693,59,Tana Oil & Gas Corp. v. McCall,104 S.W.3d 80,Tex.,2003,Attorney's fees for defending a different claim are not recoverable as damages as a matter of law,Kassab
694,59,O'Neal v. Dale,"No. 02-20-00173-CV, 2021 Tex. App. LEXIS 466",Tex. App.—Fort Worth,2021,A party's claim that he incurred attorney's fees to defend against another claim is not a viable damage claim,Kassab
695,59,"Tex. Mut. Ins. Co. v. Ray Ferguson Interests, Inc.","No. 01-02-00807-CV, 2006 Tex. App. LEXIS 2001",Tex. App.—Houston [1st Dist.],2006,Financial loss due to time spent on litigation matters in another case was not recoverable as a matter of law,Kassab
696,59,"Woodhaven Partners Ltd. v. Shamoun & Norman, L.L.P.",422 S.W.3d 821,Tex. App.—Dallas,2014,A party relying on non-recoverable damages alone such as attorney's fees in defending a lawsuit has presented a legal barrier to any recovery,Kassab
697,59,Naschke v. Gulf Coast Conference,187 S.W.3d 653,Tex. App.—Houston [14th Dist.],2006,Tort of another doctrine not adopted because court bound to follow existing laws not yet adopted by Legislature or Texas Supreme Court; quoting Restatement (Second) of Torts § 914 (1979),Kassab
698,59,"Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. Nat'l Dev. & Research Corp.",299 S.W.3d 106,Tex.,2009,Texas Supreme Court did not address whether tort of another doctrine (Restatement § 914(2)) should be adopted as Texas law,Kassab
699,59,Riner v. Neumann,353 S.W.3d 312,Tex. App.—Dallas,2011,Declined to adopt new equitable exception to the American Rule given supreme court's faithful adherence to it and strong statement in Tony Gullo that trial courts lack inherent authority to award fees contrary to the Rule,Kassab
700,59,TOKA Gen. Contractors v. Wm. Rigg Co.,"No. 04-12-00474-CV, 2014 Tex. App. LEXIS 3776",Tex. App.—San Antonio,2014,Collecting cases declining to adopt tort of another doctrine,Kassab
701,59,"Per-Se Techs., Inc. v. Sybase, Inc.","No. 01-03-01293-CV, 2005 Tex. App. LEXIS 5096",Tex. App.—Houston [1st Dist.],2005,Tort of another as equitable doctrine can only apply when plaintiff is wholly innocent of wrongdoing; collecting cases declining to adopt the doctrine,Kassab
702,59,"Brannan Paving GP, LLC v. Pavement Markings, Inc.",446 S.W.3d 14,Tex. App.—Corpus Christi,2013,Referred to tort of another exception as an equitable exception to the general rule,Kassab
703,59,"Pacesetter Pools, Inc. v. Pierce Homes, Inc.",86 S.W.3d 827,Tex. App.—Austin,2002,Equitable principles do not allow recovery of previously incurred attorney's fees as damages where jury found plaintiff's damages caused by both parties' negligent conduct,Kassab
704,59,Dayton Hudson Corp. v. Eldridge,742 S.W.2d 482,Tex. App.—Dallas,1987,Party who is not innocent cannot recover costs and attorney's fees as damages under tort of another,Kassab
705,59,Crampton v. Farris,596 S.W.3d 267,Tex. App.—Houston [1st Dist.],2019,Allegations of wrongdoing in connection with prosecution of disciplinary actions are absolutely immune when predicated upon filing of a grievance,Kassab
706,59,"VEST Safety Med. Servs., LLC v. Arbor Env't, LLC","No. 4:20-CV-0812, 2022 U.S. Dist. LEXIS 127285",S.D. Tex.,2022,Weight of authority from district courts within Fifth Circuit demonstrates conspiracy claim is preempted by TUTSA (collecting cases),Kassab
707,59,Firestone Steel Prods. Co. v. Barajas,927 S.W.2d 608,Tex.,1996,Civil conspiracy is an intentional tort,Kassab
708,59,"Seven Seas Petroleum, Inc. v. CIBC World Mkts. Corp.","No. H-08-3048, 2013 U.S. Dist. LEXIS 101112",S.D. Tex.,2013,"When Legislature has chosen to impose joint and several liability rather than proportionate liability, it has clearly said so",Kassab
709,59,Pemex Exploracion Y Produccion v. BASF Corp.,"No. H-10-1997, 2011 U.S. Dist. LEXIS 156655",S.D. Tex.,2011,Claims for conspiracy are not expressly exempted from Chapter 33's proportionate responsibility framework,Kassab
710,59,"AssuredPartners of Or., LLC v. Reese","No. 6:22-cv-00673-MC, 2022 U.S. Dist. LEXIS 233618",D. Or.,2022,Indirect misappropriation is a 'daisy-chain' type liability requiring plaintiff to show defendant knew trade secret was acquired through improper means by the disclosing party,Kassab