citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
711,60,"Columbia Rio Grande Healthcare, L.P. v. Hawley",284 S.W.3d 851,Tex.,2009,The jury is presumed to have followed the court's instructions,Pohl
712,60,USAA Tex. Lloyds Co. v. Menchaca,545 S.W.3d 479,Tex.,2018,"Court must reasonably construe jury findings to harmonize them; Rule 295 governs incomplete and conflicting verdicts; to preserve error based on fatally conflicting jury answers, parties must raise objection before trial court discharges jury; party relying on conflicting answer bore burden to object",Pohl
713,60,Bender v. S. Pac. Transp. Co.,600 S.W.2d 257,Tex.,1980,Court must reasonably construe jury findings in way that harmonizes them,Pohl
714,60,Luna v. Southern Pacific Transp. Co.,724 S.W.2d 383,Tex.,1987,Failure to reconcile answers in favor of jury's verdict when possible is reversible error,Pohl
715,60,Jackson v. U.S. Fid. & Guar. Co.,689 S.W.2d 408,Tex.,1985,"Even where jury findings are ambiguous or unclear, court must try to interpret findings to uphold verdict",Pohl
716,60,Redwine v. Peckinpaugh,535 S.W.3d 44,Tex. App.—Tyler,2017,"When party contends exemplary damages not supported by unanimous finding, reviewed as no-evidence point; distinguished by Pohl — involved single cause of action and actual jury polling confirming non-unanimity",Pohl
717,60,Stover v. ADM Milling Co.,"No. 05-17-00778-CV, 2018 WL 6818561",Tex. App.—Dallas,2018,"Evidence legally sufficient to support exemplary damages even though predicate questions not separately certified as unanimous, because jury later unanimously answered questions predicated on those answers; jury presumed to follow instructions",Pohl
718,60,Bruce v. Oscar Renda Contracting,657 S.W.3d 453,Tex. App.—El Paso,2022,Jury instructed to only answer if unanimous is presumed to have followed instructions; general non-unanimity certificate does not conflict with exemplary damages when not all verdict needed to be unanimous; distinguished Redwine on that basis,Pohl
719,60,Bryan v. Papalia,542 S.W.3d 676,Tex. App.—Houston [14th Dist.],2017,"Where jury failed to sign unanimity certificate but court's instructions required unanimity, trial court sent jury back to clarify; original verdict certificate does not provide basis for disregarding jury's answer when jury later clarified; illustrates proper procedure Kassab should have followed",Pohl
720,60,Fleet v. Fleet,711 S.W.2d 1,Tex.,1986,Judgment will not be reversed unless party objects to incomplete verdict before jury is discharged,Pohl
721,60,Continental Cas. Co. v. Street,379 S.W.2d 648,Tex.,1964,Party failed to preserve error by not objecting to acceptance of jury verdict as incomplete before jury discharged,Pohl
722,60,Burbage v. Burbage,447 S.W.3d 249,Tex.,2014,Party relying on asserted conflict to avoid exemplary damages bears burden to timely object,Pohl
723,60,Sw. Energy Prod. Co. v. Berry-Helfand,491 S.W.3d 699,Tex.,2016,A flexible and imaginative approach is applied to calculation of damages in misappropriation-of-trade-secrets cases,Pohl
724,60,"Akin Gump Strauss Hauer & Feld, LLP v. National Development & Research Corp.",299 S.W.3d 106,Tex.,2009,Attorneys' fees from separate proceedings may constitute actual damages; fee award could be proper even absent agreement between parties; effectively overrules Martin-Simon on this point,Pohl
725,60,"World Wide Prosthetic Supply, Inc. v. Mikulsky",640 N.W.2d 764,Wis.,2002,Definition of actual loss under Uniform Trade Secrets Act is broad and encompasses tort damages where plaintiff must prove loss was caused by defendant's violation,Pohl
726,60,"Dunsmore & Associates, Ltd. v. D'Alessio","No. 409906, 2000 WL 124995",Conn. Super. Ct.,2000,Actual loss means amount of money plaintiff lost from defendant's misappropriation; measured by how much better off plaintiff would have been but for the misappropriation,Pohl
727,60,"Dixon Fin. Services, Ltd. v. Chang",325 S.W.3d 668,Tex. App.—Houston [1st Dist.],2010,Equitable principles allow recovery of attorney's fees as actual damages when party required to prosecute or defend prior legal action as consequence of defendant's wrongful act,Pohl
728,60,"Lacore Enters., LLC v. Angles","No. 05-21-00798-CV, 2023 WL 2607562",Tex. App.—Dallas,2023,Distinguished by Pohl — stands for non-controversial conclusion that fees from the same lawsuit are not recoverable as damages under the American rule,Pohl (distinguishing)
729,60,O'Neal v. Dale,"No. 02-20-00173-CV, 2021 WL 210848",Tex. App.—Fort Worth,2021,Distinguished by Pohl — stands for uncontroversial proposition that fees incurred in the present lawsuit do not typically constitute damages,Pohl (distinguishing)
730,60,"Woodhaven Partners, Ltd. v. Shamoun & Norman, L.L.P.",422 S.W.3d 821,Tex. App.—Dallas,2014,Distinguished by Pohl — concerned damages consisting of fees in defending against same lawsuit and prosecuting counterclaims,Pohl (distinguishing)
731,60,Tana Oil & Gas Corp. v. McCall,104 S.W.3d 80,Tex.,2003,Distinguished by Pohl — rejected argument about value of parties' own time; did not concern attorney fees recovery,Pohl (distinguishing)
732,60,"Tex. Mut. Ins. Co. v. Ray Ferguson Interests, Inc.","No. 01-02-00807-CV, 2006 WL 648834",Tex. App.—Houston [1st Dist.],2006,"Distinguished by Pohl — concerned financial loss from employee time on depositions in same lawsuit, not attorney fees from separate proceedings",Pohl (distinguishing)
733,60,Martin-Simon v. Womack,68 S.W.3d 793,Tex. App.—Houston [14th Dist.],2001,Cited by Kassab for proposition fees only recoverable by agreement; Pohl argues this was effectively overruled by Akin Gump (2009),Pohl (distinguishing)
734,60,Riner v. Neumann,353 S.W.3d 312,Tex. App.—Dallas,2011,Pohl argues Kassab's citation is false — Riner does not mention tort of another doctrine; it addressed American Rule on same-case fees,Pohl (distinguishing)
735,60,Naschke v. Gulf Coast Conference,187 S.W.3d 653,Tex. App.—Houston [14th Dist.],2006,Cited in footnote 10 regarding tort of another doctrine,Pohl (footnote)
736,60,"Brannan Paving GP, LLC v. Pavement Markings, Inc.",446 S.W.3d 14,Tex. App.—Corpus Christi,2013,Cited in footnote 10 — Pohl argues Kassab's own cited cases demonstrate no wholly innocent party element to tort of another,Pohl (footnote)
737,60,Guillory v. Dietrich,598 S.W.3d 284,Tex. App.—Dallas,2020,Rejected the premise that Chapter 33 superseded the rule that civil conspiracy findings result in joint and several liability,Pohl
738,60,Stephens v. Three Finger Black Shale P'ship,580 S.W.3d 687,Tex. App.—Eastland,2019,Joint and several liability attaches to civil conspiracy finding and is not affected by proportionate responsibility statutes,Pohl
739,60,"Whitlock v. CSI Risk Mgmt., LLC","No. 05-19-01297-CV, 2021 WL 1712215",Tex. App.—Dallas,2021,Conspiracy finding supported by underlying tort of misappropriation of trade secrets — TUTSA and conspiracy submitted together to jury,Pohl