citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
740,61,Bruce v. Oscar Renda Contracting,657 S.W.3d 453,Tex. App.—El Paso,2022,Distinguished — no Additional Certificate requiring specific unanimity certification unlike present case,Kassab
741,61,Stover v. ADM Milling Co.,"No. 05-17-00778-CV, 2018 Tex. App. LEXIS 10883",Tex. App.—Dallas,2018,"Distinguished — predicate questions for exemplary damages (Q15 and Q16 on fraud and malice) were certified as unanimous in the Additional Certificate, unlike Q17 here",Kassab
742,61,Bryan v. Papalia,542 S.W.3d 676,Tex. App.—Houston [14th Dist.],2017,Distinguished — trial court noticed ambiguity and sent jury back; nothing in the opinion required the party opposing exemplary damages to object,Kassab
743,61,Redwine v. Peckinpaugh,535 S.W.3d 44,Tex. App.—Tyler,2017,Most analogous case — jury's failure to certify predicate question as unanimous bars exemplary damages; this situation does not amount to a conflicting jury finding where a party must object before discharge to preserve error,Kassab
744,61,"United Scaffolding, Inc. v. Levine",537 S.W.3d 463,Tex.,2017,Defendant has no obligation to complain about plaintiff's omission of independent theory of recovery; burden to secure proper findings is on plaintiff; plaintiff who fails to satisfy that burden waives that claim; defendant not required to ask trial court to fix error resulting in judgment in its favor,Kassab
745,61,Dunsmore & Assocs. v. D'Alessio,"409906, 2000 Conn. Super. LEXIS 114",Conn. Super. Ct.,2000,"Distinguished — authorized recovery of fees or commissions from candidate placements, not attorney's fees from other litigation",Kassab
746,61,World Wide Prosthetic Supply v. Mikulsky,640 N.W.2d 764,Wis.,2002,"Distinguished — concluded actual loss may include lost profits from manufacture and distribution of defective product incorporating plaintiff's trade secret, not attorney's fees from litigation",Kassab
747,61,"Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. Nat'l Dev. & Research Corp.",299 S.W.3d 106,Tex.,2009,Distinguished — concerned 'malpractice plaintiff' claiming damages for fees paid in underlying suit; Pohl is not a malpractice plaintiff and is not seeking fees to remedy malpractice,Kassab
748,61,Frazier v. Havens,102 S.W.3d 406,Tex. App.—Houston [14th Dist.],2003,One who seeks an equitable remedy must do equity and come to court with clean hands,Kassab
749,61,Reynolds v. Sanchez Oil & Gas Corp.,"No. 01-18-00940-CV, 2023 Tex. App. LEXIS 3067",Tex. App.—Houston [1st Dist.],2023,First Court of Appeals found TUTSA preempts aiding and abetting claim based on misappropriation of trade secrets under the plain language of TUTSA; claims that 'provide remedies for the underlying misconduct of misappropriation of trade secrets' are preempted,Kassab