filing_sections: 288
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 288 | 38 | II.A. Future Damages Do Not Support Abatement | Texas law requires injured parties to bring claims even when all damages have not yet occurred (Schlumberger v. Pasko). Future damages are assessed by jury using reasonable probability standard (GTE Mobilnet v. Pascouet). If future damages required abatement, there would be no trials involving lost profits, earning capacity, or future medical expenses. Kassab's cited case (In re Tex. Collegiate Baseball League) is distinguishable: there, parties agreed malpractice claims were premature, the fee claim and malpractice claims involved the same facts and issues, and severance could cause inconsistent litigation positions. None of those circumstances exist here. |