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Tex. Civ. Prac. & Rem. Code § 73.003

MITIGATING FACTORS

Applied in 4 court decisions — leading case Cain v. Hearst Corp. (1994)

Most recently applied in McBride v. New Braunfels Herald-Zeitung (November 1994)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

19861990199420
citing decisions per year

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) To determine the extent and source of actual damages and to mitigate exemplary damages, the defendant in a libel action may give evidence of the following matters if they have been specially pleaded:

(1) all material facts and circumstances surrounding the claim for damages and defenses to the claim;

(2) all facts and circumstances under which the libelous publication was made; and

(3) any public apology, correction, or retraction of the libelous matter made and published by the defendant.

(b) To mitigate exemplary damages, the defendant in a libel action may give evidence of the intention with which the libelous publication was made if the matter has been specially pleaded.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.