filing_sections: 548

553 document sections with headings and summaries

Data license: Public court records

This data as json

section_id	filing_id	heading	summary
548	68	III. Pohl Entitled to Recover Actual Losses Under TUTSA	A. TUTSA 'actual loss' is broad, encompasses consequential damages including attorney fees from separate proceedings. Flexible and imaginative approach (Sw. Energy). Sister states agree actual loss is broad (World Wide Prosthetic, Dunsmore). Kassab conflates same-lawsuit fees (not recoverable) with separate-proceeding fees (recoverable). Kassab's Texas citations involve same-lawsuit fees or are inapplicable: LaCore (same lawsuit), O'Neal (same lawsuit), Woodhaven (same lawsuit), Tana Oil (not about fees), Martin-Simon (overruled by Akin Gump). Akin Gump: attorney fees from separate proceedings recoverable even absent agreement. Also recoverable under equitable tort of another doctrine (Dixon Fin. Servs.). No wholly innocent party element exists (Naschke, Brannan Paving, Akin Gump). Jury assigned 0% fault to Pohl in Q4 (proportionate responsibility tied to trade secrets). Q3 (wrongful conduct) not tied to trade secrets — jury asked if Q3 should be answered even without trade secret finding, Court instructed yes with Kassab's agreement. B. Rule 17.09 inapplicable — lawsuit predicated on misappropriation, not grievance filing.