filing_sections: 493

553 document sections with headings and summaries

Data license: Public court records

This data as json

section_id	filing_id	heading	summary
493	65	IX. Unrecoverable damages / no evidence of actual loss	Two sub-parts: (A) Attorney fees from other litigation not recoverable as 'actual loss' under TUTSA (§ 134A.004). No Texas definition, but sister-state cases define 'actual loss' as lost profits, lost customers, lost market share — not attorney fees (K3 Enter., GME v. Carter, multiple others). Pre-TUTSA Texas law same (Sw. Energy). Attorney fees in prior litigation not recoverable absent agreement (Martin-Simon, Tana Oil). 'Tort of another' exception never adopted by Texas Supreme Court, rejected by 14th COA (Naschke), and requires 'wholly innocent' plaintiff — jury found Pohl's wrongful conduct contributed (Q3). (B) No evidence for $250,000 fair market value (Q7(2)) — Pohl testified only to intrinsic value, not market value; purchase price alone insufficient (Pike v. Tex. EMC). No evidence for $200,000 development costs (Q7(3)) — no testimony from any witness about Kassab's development costs.