excessiveness challenge (Texas) · Go Syfert
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excessiveness challenge in Texas

6 Texas opinions name it 2 courts 2008–2026 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Andrew Anderson v. Jerry v. Durant, Jerry v. Durant, Inc. D/B/A Durant Toyota and D/B/A Jerry Durant Toyota, Jerry Durant Hyundai, LLC, Doyle Maynard, and Robert G. Cote, Sr., Gary Michael Deere, Jerry Rash, and Elliot "scooter" Michelsongreen
tex · 2018 · cited in 2 Texas opinions naming this issue, 2022–2026
2 sentences

2026Amount Zafar next asserts that the $255,004 amount awarded for Sanghier’s past mental anguish “is excessive.” She emphasizes the high ratio of noneconomic damages to economic damages, compares the past-mental-anguish award to that in other cases, and argues that the jury’s awarding the same amount for both past and future mental anguish and awarding an even $1 million total “indicates that the jury . . . picked a number at random.” “We review an excessiveness challenge for factual sufficiency, something that is committed to our exclusive jurisdiction, and that is highly deferential to the jury

2022Bearden assails these amounts as “exorbitantly excessive.” We review an excessiveness challenge for factual sufficiency, something that is committed to our exclusive jurisdiction, Anderson, 550 S.W.3d at 620 , and that is “highly deferential to the jury’s findings,” Gordon, 2019 WL 619186 , at *4.

12
Kurtz v. Kurtzgreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See Kurtz , 158 S.W.3d at 21 (excessive demand is affirmative defense that must be pleaded); Tuthill , 614 S.W.2d at 212 (excessive demand is affirmative defense that must be pleaded, and the party asserting excessive demand must request and obtain findings of fact on the essential elements of excessive demand); Sanchez-O = Brien Oil & Gas Corp. v. Austin Res.

11
Tuthill v. Southwestern Public Service Co.green
texapp · 1981 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See Kurtz , 158 S.W.3d at 21 (excessive demand is affirmative defense that must be pleaded); Tuthill , 614 S.W.2d at 212 (excessive demand is affirmative defense that must be pleaded, and the party asserting excessive demand must request and obtain findings of fact on the essential elements of excessive demand); Sanchez-O = Brien Oil & Gas Corp. v. Austin Res.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Atkins v. Virginia green
scotus · 2002
2 sentences

2010Atkins, 536 U.S. at 311-12 , 122 S.Ct. 2242 .

2010Atkins, 536 U.S. at 311-12 , 122 S.Ct. 2242 .

32009–2010
Tom Bennett and James B. Bonham Corporation v. Larry Wayne Grant green
tex · 2017
1 sentence

2026The “amount awarded must be fair and reasonable compensation, given the evidence presented.” Bennett, 525 S.W.3d at 648 ; see Bearden, 2022 WL 3273598 , at *19 (noting that there are “few specific guideposts to follow” in appellate review of amount of noneconomic-damages award).

12026–2026

Where else courts name it

PA 80 (1984–2026) LA 22 (1983–2024) CA 12 (1968–2024) IL 7 (2005–2020) TX 6 (2008–2026) ME 5 (2006–2022) MD 5 (1995–2015) OH 4 (1995–2001) SC 4 (2009–2021) AL 4 (1987–2011) NC 3 (2009–2009) IN 3 (2009–2026) DC 3 (2010–2021) AK 2 (2007–2025) NV 2 (2000–2013) OR 2 (2001–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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