Three collisions. One occurrence? By David Coale on November 27, 2018 Posted in Damages, Insurance A gruesome series of automobile accidents led to a fundamental question about ...
Quantum of evidence By David Coale on October 22, 2018 Posted in Damages, Discovery The Fifth Circuit reversed a defense summary judgment in a trade secrets dispute ...
Buyer Beware. By David Coale on August 6, 2018 Posted in Damages “Aetna’s reliance on any alleged misrepresentation by NCMC was ...
Damages – home on the range – By David Coale on June 12, 2018 Posted in Damages A good summary of a basic principle about a jury’s damages award appeared in ...
How specific must a misrepresentation be? By David Coale on March 21, 2018 Posted in Damages The plaintiff won a multi-million dollar lawsuit about the sale of Akaushi cattle ...
$285 million judgment affirmed in business dispute By David Coale on February 22, 2018 Posted in Damages At trial, Claymore Holdings won its fraud claim against Credit Suisse, establishing ...
Conspiracy conviction reversed – smoke, but no fire. By David Coale on February 1, 2018 Posted in Damages In United States v. Ganji, the Fifth Circuit reversed criminal convictions for conspiracy ...
When proving lost profits, don’t be gross. By David Coale on November 21, 2017 Posted in Damages While from the Fifth Circuit rather than the Dallas Court of Appeals, a recent case ...
“Reasonable and necessary” is necessary. By David Coale on November 7, 2017 Posted in Damages, Evidence In Nu-Build & Assocs. v. Sooners Group, LP, the Fifth Court drove home a recent ...
No, you didn’t expect that. By David Coale on October 11, 2017 Posted in Damages Plaintiff, invoking classical concepts about the measure of damages, argued that ...
What damages count for the exemplary damages cap? By David Coale on September 18, 2017 Posted in Damages The Texas exemplary damages statute (specifically, TCPRC § 41.008(b)) imposes ...
Texas Supreme Court Raises the Bar for Trade Secrets Damages–Again By Zach Wolfe on July 10, 2017 Posted in Damages Mamas, don’t let your babies grow up to be damages experts in Texas. That’s the refrain ...
Well, you proved liability . . . By David Coale on May 30, 2017 Posted in Contracts, Damages The Fifth Circuit reversed a JNOV on liability for breach of contract in ...
No causation in 9-1-1 case By David Coale on April 3, 2017 Posted in Damages, Immunity, Pleadings Plaintiffs alleged that a terrible crime would have been averted with a faster response ...
