filing_sections: 445

553 document sections with headings and summaries

Data license: Public court records

This data as json

section_id	filing_id	heading	summary
445	59	II.A. Attorney's fees incurred in Pohl's barratry cases and grievances are not recoverable under TUTSA	TUTSA provides recovery for 'actual losses' but does not define the term. Under § 134A.008, courts must look to other states' uniform acts. Other jurisdictions define 'actual loss' as lost profits, lost customers, or lost market share — not attorneys' fees from other litigation. Pre-TUTSA Texas law likewise limited trade secret damages to lost profits, defendant's profits, investor value, development costs, and royalties (Sw. Energy). Texas courts consistently hold fees from prior litigation are not recoverable as damages (Martin-Simon, Tana Oil, O'Neal, Tex. Mut. Ins., Woodhaven). The tort of another exception has never been embraced by the Texas Supreme Court and was rejected by the Fourteenth Court of Appeals (Naschke). Even if viable, it requires a wholly innocent plaintiff, and the jury found in Q3 that Pohl's wrongful conduct contributed to the injury.