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Evidence of Actual Monetary Loss is Required

When Calculating the Exemplary Damages Cap In a recent Texas Court of Appeals case, the jury awarded plaintiff $15,000,000 in exemplary damages; the Court reduced this amount citing section 41.008(b)(1) of the Texas Civil Practice & Remedies Code, which caps exemplary damages at two times the amount of "economic damages," plus up to $750,000 in non-economic damages.  The question on appeal was whether t ...

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