filing_sections: 169
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 169 | 22 | III. The Assignments are invalid as a matter of law | Civil barratry claims are punitive statutory claims analogous to DTPA claims. Under PPG Industries v. JMB, four factors determine assignability: (1) statutory text — civil barratry statute is silent on assignment, and the legislature knew how to make claims assignable but did not; (2) statutory purpose — analogous to DTPA in protecting specific class (clients vs consumers), clients disadvantaged in evaluating claim value; (3) related common-law principles — personal and punitive claims not assignable, barratry provides $10,000 penalty plus return of fees independent of actual damages; (4) whether assignment increases litigation — here it clearly does. |