filing_sections: 459

553 document sections with headings and summaries

Data license: Public court records

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section_id	filing_id	heading	summary
459	61	B. Attorney's fees in other litigation are not recoverable as actual damages under TUTSA	Notes that at the hearing, when the Court asked Pohl if any court in any jurisdiction had awarded attorney's fees in other litigation as actual damages for a trade secret claim, Pohl could not cite any. Distinguishes Pohl's out-of-state cases: Dunsmore authorized recovery of fees/commissions from candidate placements, not attorney's fees from litigation; World Wide Prosthetic concerned lost profits from manufacture/distribution of defective product. Distinguishes Akin Gump as a malpractice case — Pohl is not a 'malpractice plaintiff.' On tort of another, argues Pohl lacks clean hands per Frazier v. Havens because jury found wrongful conduct in Q3. The issue is not causation (Q4 assigned 0% to Pohl) but that one found to have engaged in 'wrongful conduct' does not have clean hands for equitable relief.