Marcum PC Law Firm

Houston Office
1 Greenway Plaza, Suite 100
Houston, TX 77046


Dallas Office
13155 Noel Rd., Suite 900
Dallas, TX 75240

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Houston Office: (713) 714-0073

Dallas Office: (972) 600-2750

Marcum PC Law Firm

The amount of damages a plaintiff will receive depends largely on how their attorney presents the case. This includes how they plead, structure their petition, and present evidence. Ultimately, the burden of proof is on the plaintiff to prove each type of damage.

A plaintiff’s damage award or recovery can be significantly reduced if their attorney does not properly structure their pleadings, offer evidence, or get it admitted into evidence. Even though the law may allow for certain damages, if they are not properly proven, the court will not automatically award them.

Trade Secret Lawsuits

A trade secret is a type of civil lawsuit in which the plaintiff alleges that the defendant has obtained and used confidential information without authorization. The plaintiffs will typically present evidence that the information is critical to their business and that they have taken reasonable steps to keep it secret.

If the plaintiff can prove these elements, they may be able to recover damages from the defendant.

The amount of money that a jury will award in a settlement for the use of a trade secret depends on three factors:

  • Whether or not the trade secret was pleaded for at the pleadings;
  • Whether or not the trade secret was presented to the jury; and
  • Whether or not the jury understood and used the trade secret in calculating their damages.

Different types of evidence may be admissible or inadmissible in a trade secret dispute. Hearsay, for example, may be inadmissible because it cannot be verified. Information that is speculative or not trustworthy may also be inadmissible. The law only allows evidence to be presented to the jury that is trustworthy and can be verified.

For example, a company that manufactures telecommunications components may find itself in a legal battle if another company believes that it has obtained trade secrets unlawfully. In such a case, the first company may try to prove that the information was rightfully purchased. However, if the jury doesn’t comprehend this argument, or if they’re not allowed to hear evidence supporting it, the outcome of the trial could be different.

Consider This Trade Secret Case As An Example…

Two companies have been working together for a few years. Company 1 manufactured parts of the telecommunications equipment and supplied them to Company 2. Company 2 would then install the equipment into cellular telephone towers. However, due to some bad decisions, Company 2 went bankrupt and filed for bankruptcy proceedings.

When Company 2 filed for bankruptcy, Company 1 knew that its assets would be up for sale. Company 1 then bought those assets from the bankruptcy trustee and started using them. However, Company 2 filed a lawsuit claiming that their trade secrets were not part of the bankruptcy estate transaction. That wasn’t true. These “trade secret” assets were, in fact, part of the bankruptcy estate. However, the bankruptcy trustee was not allowed to testify by the trial court judge, preventing the jury from hearing information about it. All the jury heard was that Company 1 was using trade secret information to build and sell telecommunications equipment after Company 2 had gone bankrupt.

Because of this, Company 2 successfully sued Company 1 for infringement of a trade secret and unfair competition, alleging that Company 1 had misappropriated its trade secret. In the end, the jury awarded damages to Company 2.

There are many cases where the jury may not have all the information they need to render a verdict, and this can lead to a miscarriage of justice. This is especially true in complex cases involving trade secrets, patents, copyrights, or complex contractual transactions. Without understanding what happened or having all the facts, juries can make decisions that are not in line with what actually occurred.

Personal Injury Claims

In a personal injury case, you may have to cover a range of expenses, both current and future. These can include:

  • Medical bills,
  • Mental anguish,
  • Disfigurement,
  • Loss of earning ability,
  • And more…

An injured party may also be entitled to economic damages for things like ambulance costs, hospitalization, ongoing treatment, rehabilitation, and medication. What’s more, if there is a spouse with children involved in an accident, their damages may be presented separately.

It is typically easier to present evidence in personal injury lawsuits. For example, if someone’s car was cut in half in an accident, they would have an easy time showing this to a jury. However, if that same person is looking to obtain a $700 million verdict based on punitive damages, they would need to present the evidence in a way that would inflame the jury – which is not something that happens often.

For more information on Civil Claims Law in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 714-0073 today.

Marcum PC Law Firm

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IP Infringement And Plaintiff Personal Injury Cases
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