contract or statutory claim (Texas) · Go Syfert
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contract or statutory claim in Texas

8 Texas opinions name it 3 courts 2007–2018 0 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
Varner v. Cardenasgreen
tex · 2007 · cited in 7 Texas opinions naming this issue, 2008–2018
2 sentences

2018The supreme court has explained, “[i]n Chapa we reestablished the rule that attorney’s fees are recoverable only if necessary to recover on a contract or statutory claim allowing them, and eliminated the exception for fees incurred solely on separate but arguably intertwined claims.” Varner v. Cardenas, 218 S.W.3d 68, 69 (Tex. 2007) (per curiam) (citing Chapa, 212 S.W.3d at 313 ).

2015Tony Gullo “reestablished the rule that attorney’s fees are recoverable only if necessary to recover on a contract or statutory claim allowing them.” Varner v. Cardenas, 218 S.W.3d 68, 69 (Tex. 2007). 1890.001/55701 50 The only time that segregation is not required is “when discrete legal services advance both a recoverable and unrecoverable claim that they are so intertwined that they need not be segregated.” Tony Gullo, 212 S.W.3d at 313-14 (emphasis added).

47
Tony Gullo Motors I, L.P. and Brien Garcia v. Nury Chapagreen
tex · 2006 · cited in 8 Texas opinions naming this issue, 2007–2018
2 sentences

2018The supreme court has explained, “[i]n Chapa we reestablished the rule that attorney’s fees are recoverable only if necessary to recover on a contract or statutory claim allowing them, and eliminated the exception for fees incurred solely on separate but arguably intertwined claims.” Varner v. Cardenas, 218 S.W.3d 68, 69 (Tex. 2007) (per curiam) (citing Chapa, 212 S.W.3d at 313 ).

2015Tony Gullo “reestablished the rule that attorney’s fees are recoverable only if necessary to recover on a contract or statutory claim allowing them.” Varner v. Cardenas, 218 S.W.3d 68, 69 (Tex. 2007). 1890.001/55701 50 The only time that segregation is not required is “when discrete legal services advance both a recoverable and unrecoverable claim that they are so intertwined that they need not be segregated.” Tony Gullo, 212 S.W.3d at 313-14 (emphasis added).

18
McKinley v. Drozdgreen
tex · 1985 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015In Tony Gullo, the Texas Supreme Court cases cited by either party sheds light on the precise issue "reestablished [*31] the rule that attorney's fees are recoverable before us: whether the phrase "person who prevails in a suit only if necessary to recover on a contract or statutory claim under this chapter" requires the party seeking fees simply to allowing them, and eliminated the exception for fees incurred prevail on the TTLA claim or to prevail in the suit as a whole. solely on separate but arguably intertwined claims." Varner, See McKinley v. Drozd, 685 S.W.2d 7, 8-9 (Tex. 1985) (noting

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

TX 8 (2007–2018) IL 2 (1999–1999)

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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