FACTORS PRECLUDING RECOVERY
Applied in 40 court decisions — leading case Mullins v. Testamerica, Inc. (2009)
Most recently applied in Streamline Production Systems, Inc. v. Streamline Manufacturing, Inc. (March 2017)
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Except as provided by Subsection (b), exemplary damages may be awarded only if damages other than nominal damages are awarded.
(b) Exemplary damages may not be awarded to a claimant who elects to have his recovery multiplied under another statute.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.