filing_sections: 235
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 235 | 30 | Argument G — Improper Damages (American Rule) | Pohl seeks attorney's fees from defending barratry lawsuits as damages. American Rule prohibits fee recovery absent statute or contract (Tony Gullo Motors v. Chapa; Akin Gump). Texas Supreme Court has never adopted 'tort of another' exception. Even if exception existed, would not apply because Pohl is not wholly innocent (Per-Se Techs.; Placesetter Pools). TUTSA damages limited to lost profits, defendant's profits, reasonable royalty — not defense costs from other litigation (Berry-Helfand). Cheatham case still ongoing (reversed on appeal), making fee claim premature. |