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filing_sections: 235

553 document sections with headings and summaries

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.
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