Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Texas opinions name it 2 courts 2010–2016 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.
| Case | Followed | Cited |
|---|---|---|
Aviles v. Aguirregreen2 sentences2015In Garcia, the supreme court construed the statutory language “reasonable attorney’s fees and costs of court incurred by the physician or health care provider” to limit the fee award to the lesser of (1) a reasonable fee or (2) the fee actually incurred, noting that it had previously held a health care liability defendant incurs attorney’s fees under this statute when he is “‘personally liable in the first instance for both defense costs and any potential judgment.’” Garcia, 319 S.W.3d at 642–43 (quoting Aviles v. Aguirre, 292 S.W.3d 648, 649 (Tex. 2009) (per curiam)). 2015Specifically, she argues that “[w]ithout evidence of the nature of the attorneys’ fees in this matter, either hourly, contingent or flat rate, there is no evidence that the amounts sought were actually incurred” and that “without evidence that billing was actually generated and paid, there can be no evidence that the attorney’s fees were incurred.” An attorney’s fee “is incurred when one becomes liable for it.” Garcia, 319 S.W.3d at 642 ; see also Aviles v. Aguirre, 292 S.W.3d 648, 649 (Tex. 2009) (per curiam) (“Dr. Aviles was personally liable in the first instance for both defense costs and | 6 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Garcia v. Gomez
green
2 sentences2015In Garcia, the supreme court construed the statutory language “reasonable attorney’s fees and costs of court incurred by the physician or health care provider” to limit the fee award to the lesser of (1) a reasonable fee or (2) the fee actually incurred, noting that it had previously held a health care liability defendant incurs attorney’s fees under this statute when he is “‘personally liable in the first instance for both defense costs and any potential judgment.’” Garcia, 319 S.W.3d at 642–43 (quoting Aviles v. Aguirre, 292 S.W.3d 648, 649 (Tex. 2009) (per curiam)). 2015Specifically, she argues that “[w]ithout evidence of the nature of the attorneys’ fees in this matter, either hourly, contingent or flat rate, there is no evidence that the amounts sought were actually incurred” and that “without evidence that billing was actually generated and paid, there can be no evidence that the attorney’s fees were incurred.” An attorney’s fee “is incurred when one becomes liable for it.” Garcia, 319 S.W.3d at 642 ; see also Aviles v. Aguirre, 292 S.W.3d 648, 649 (Tex. 2009) (per curiam) (“Dr. Aviles was personally liable in the first instance for both defense costs and | 3 | 2014–2015 |