Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Friday, May 29, 2015

Claim for Attorney's Fees treated as substantive and subject to choice of law

 
ATTORNEY’S FEE CLAIM A SUBSTANTIVE ISSUE – GOVERNED BY CONTRACTUAL CHOICE OF LAW

The recovery of attorneys' fees is a substantive, not a procedural, issue and will be governed by the law governing the substantive issues. Midwest Med. Supply Co. v. Wingert, 317 S.W.3d 530, 537 (Tex. App.-Dallas 2010, no pet.); Rapp Collins Worldwide, Inc. v. Mohr, 982 S.W.2d 478, 487-88 (Tex. App.-Dallas 1998, no pet.).

SOURCE: Dallas Court of Appeals 05-06-00966-CV – 5/10/11 (California law applies)

FAILURE TO FILE MOTION FOR JUDICIAL NOTICE OF OTHER STATE’S LAW LIKELY TO RESULT IN APPLICATION OF TEXAS LAW

Although the policies and procedures provide that the law of the state of Utah shall govern all other matters relating to or arising from the policies and procedures, neither party has argued either that contract law regarding the state of Utah should be applied or that Utah's law differs substantially from that of Texas. Accordingly, we will apply the contract-law principles of Texas. See Johnson v. Structured Asset Servs., LLC, 148 S.W.3d 711, 720 (Tex. App.-Dallas 2004, no pet.).

SOURCE: Dallas Court of Appeals 05-10-00776-CV – 5/5/11