filing_sections: 511

553 document sections with headings and summaries

Data license: Public court records

This data as json

section_id	filing_id	heading	summary
511	66	XIII. Q7(1) charge error — attorney fees not recoverable under TUTSA	TUTSA 'actual loss' (§ 134A.004) does not include attorney fees from other litigation. Sister-state cases define actual loss as lost profits, lost customers, lost market share (K3 Enter., GME v. Carter, Twin Falls Staffing). Pre-TUTSA Texas law same (Sw. Energy). Fees from prior litigation generally not recoverable absent agreement (Martin-Simon, Tana Oil). Tort of another exception not adopted by Texas Supreme Court (Akin Gump), rejected by 14th COA (Naschke), requires wholly innocent plaintiff (Per-Se Techs.) — jury found Pohl not wholly innocent (Q3), and Pohl stipulated he was not seeking equitable remedies. Expert/lay opinion testimony must be helpful (Tex. R. Evid. 701, 702); attorney fee testimony irrelevant and should have been excluded as gatekeeper function (Enbridge Pipelines).