CONSIDERATIONS IN MAKING AWARD
Applied in 12 court decisions — leading case Wooley v. Lucksinger (2011)
Most recently applied in Latitude Solutions, Incorporated v. DeJoria (April 2019)
Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, 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) Before making an award of exemplary damages, the trier of fact shall consider the definition and purposes of exemplary damages as provided by Section 41.001.
(b) Subject to Section 41.008, the determination of whether to award exemplary damages and the amount of exemplary damages to be awarded is within the discretion of the trier of fact.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.