filing_sections: 453

553 document sections with headings and summaries

Data license: Public court records

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section_id	filing_id	heading	summary
453	60	II.A. Pohl's TUTSA damages are recoverable	TUTSA 'actual loss' is broad and encompasses consequential losses. Flexible and imaginative approach applies to trade secret damages (Sw. Energy). Attorneys' fees from separate proceedings — not the same lawsuit — can constitute actual damages (Akin Gump). Kassab conflates same-lawsuit fees (barred) with separate-proceeding fees (recoverable). Kassab's citations are distinguished: Lacore, O'Neal, Woodhaven concern same-lawsuit fees; Tana Oil and Tex. Mut. Ins. did not concern attorney fees recovery; Martin-Simon was effectively overruled by Akin Gump. Out-of-state authority supports broad definition of actual loss (World Wide Prosthetic, Dunsmore). Alternatively, tort of another doctrine applies per Dixon v. Chang. Pohl disputes 'wholly innocent' requirement — footnote 10 argues Kassab's own cited cases lack this element, citing Stanton law review article. Regardless, jury assigned 0% fault to Pohl in Q4 (proportionate responsibility tied to trade secrets); Q3 (wrongful conduct) was not tied to trade secrets — jury asked if Q3 should be answered even without trade secret finding, and Kassab's counsel agreed to that instruction.