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Table of Contents
Chapter 1
Initial Client Contacts
(Plaintiff)
§1.01 General
Considerations
§1.02 The Deceptive Trade Practices Act: An Overview
§1.02.1 Application and Effective Dates
§1.02.2 Construction of the DTPA
§1.02.3 Cumulative Remedies
§1.02.3.1 Limitations
§1.02.4 Plaintiff Must be a Consumer
§1.02.4.1 “Consumer” Defined
§1.02.4.2 Seek or Acquire Goods or Services
§1.02.4.3 Basis of Complaint
§1.02.4.4 Courts Take Expansive View of “Transaction”
§1.02.4.5 Survival of Action Following Death of Consumer
§1.02.5 “Goods”
§1.02.6 “Services”
§1.02.7 Who Can Be Sued?
§1.02.7.1 Engaged in Trade or Commerce
§1.02.7.2 Exemptions
§1.02.7.3 Preemption
§1.02.7.4 Real Estate Agents and Brokers
§1.02.7.5 Real Estate Inspectors
§1.02.8 Long-Term Care Providers
§1.02.8.1 Relationship Between DTPA and Negligence in Long-Term
Care
§1.02.8.2 Recasting Causes of Action
§1.02.8.3 Statute of Limitations
§1.02.8.4 Expert Report
§1.02.8.5 Arbitration Agreements
§1.02.8.6 Limitations on Damages
§1.02.8.7 Assisted Living Facilities
§1.02.8.8 Types of Assisted Living Facilities
§1.02.8.9 Standards for Assisted Living Facilities
§1.02.8.10 Gathering Information
[a] FORM: Request for Medical Records
[b] FORM: Request for Other Records
[c] FORM: Open Records Request
§1.02.9 False, Misleading or Deceptive Acts or Practices
§1.02.9.1 “Mere Breach of Contract”
§1.02.10 Implied Representations
§1.02.11 Parol Evidence Rule Inapplicable
§1.02.12 “Knowing” and “Intentional” Violations
§1.02.13 Breach of Warranty
§1.02.14 Express Warranties
§1.02.15 Implied Warranties
§1.02.16New Home Construction
§1.02.16.1Mold Litigation
[a] TRIAL PLAN: Toxic Mold in Leased Apartment
§1.02.17 Commercial leasing/ construction
§1.02.18 Services
§1.02.19 No implied warranty recognized
§1.02.20 Unconscionability
§1.02.21 Damages Under the DTPA
§1.02.21.1 Causation
§1.02.22 Elements of Damages
§1.02.23 Measures of Damages
§1.02.24 Additional Damages
§1.02.25 Offset Necessary
§1.02.26 Combining Elements or Causes of Action
§1.02.27 Restitution Under the DTPA
§1.02.28 Attorney’s Fees
§1.03 Chapter 541 of Texas Insurance Code
§1.03.1 Article 21.21 Re-codified
§1.03.2 Broad Grounds for Private Cause of Action
§1.03.3 Unfair Settlement Practices as Grounds for Action
§1.03.4 Duty of Good Faith and Fair Dealing
§1.03.5 Misrepresentation of Insurance Policy
§1.03.6 Limitations
§1.03.7 The DTPA and Chapter 541 of the Texas Insurance Code
§1.03.8 Damages and Attorneys Fees Under Chapter 541 of the Insurance
Code
§1.03.9 Interpretation of Insurance Contracts Under Article 21.21
§1.03.10 Other Statutory Causes of Action
§1.03.11 ERISA
§1.03.12 Attorney’s Fees and ERISA
§1.04 Residential Construction Liability
§1.04.1 Residential Construction Commission Act
§1.04.1.01 Definitions and Scope of Coverage
§1.04.1.02 Warranties and Building Performance Standards
§1.04.1.03 Third-Party Warranty Companies
§1.04.1.04 Construction Defects
§1.04.1.05 Disputes Subject to Notice, Inspection and Dispute
Resolution Procedures
§1.04.1.06 Notice to the Builder and Request for Inspection and
Dispute Resolution
§1.04.1.07 State-Sponsored Inspection and Dispute Resolution
Process
§1.04.1.08 SIRP Complaint Procedures
[a] FORM: Residential Construction Commission Complaint
[b] SAMPLE: Owner’s Statement
§1.04.1.09 SIRP Appeal Procedures
[a] SAMPLE: Appeal of Third-Party Inspector’s Findings
§1.04.1.10 Effect of Recommendation or Ruling
§1.04.2 Residential Construction Liability Act
§1.04.2.01 Definitions and Scope of Coverage
§1.04.2.02 Affirmative Defenses Available to Contractor
§1.04.2.03 Notice and Offer of Settlement
§1.04.2.04 Consequences of Failing to Accept a Settlement Offer
§1.04.2.05 Consequences of Failing to Make a Reasonable
Settlement Offer or Initiate Repairs
§1.04.2.06 When Pre-Filing Notice Is Not Required
§1.04.2.07 Abatement and Dismissal
§1.04.2.08 Limitations on Damages
§1.05 Initial Client Interview and Questionnaire
[a] FORM: Letter setting appointment, enclosing
questionnaire
[b] FORM: Client questionnaire (plaintiff)
§1.06 Checklists for Initial Interview
[a] CHECKLIST: Purchase of goods or services
[b] CHECKLIST: Purchase of new residence
[c] CHECKLIST: Purchase of raw land
[d] CHECKLIST: Investments
[e] CHECKLIST: Lender liability
[f] CHECKLIST: Manufactured housing
[g] CHECKLIST: Lease of commercial real property
[h] CHECKLIST: Assisted living facility
§1.07 Contacting the Previous Attorney
[a] FORM: Letter to previous attorney
§1.08 Conflicts of Interest
§1.09 Attorney–Client Contracts
[a] FORM: Letter Enclosing Contract
[b] FORM: Contingent Fee Agreement
[c] FORM: Hourly Agreement
§1.10 Fee Division Agreements (including referral fees)
[a] FORM: Client Authorization for Division of Fee
[b] FORM: Agreement to Divide Attorney’s Fees (referring
attorney)
[c] FORM: Agreement to Divide Attorney’s Fees (co-counsel)
§1.11 [Reserved]
§1.12 Beginning the Case
[a] FORM: Letter —what to expect
[b] FORM: Alternative paragraph (residential construction)
Chapter 2
Initial Client Contacts
(Defendant)
§2.01 General
Considerations
§2.02 Defenses Available in DTPA Cases
§2.02.1 Common Law Defenses Do Not Apply
§2.02.02 Professional Services
§2.02.03 Waiver/Superseding Cause
[a] FORM: Waiver of consumer rights
§2.02.04 Statutory Defenses
§2.02.05 Media Exemption
§2.02.06 Contribution and Indemnity
§2.02.07 Responsible Third Party
§2.03 Client Questionnaire (Defendant)
[a] FORM: Client questionnaire (defendant)
§2.04 Checklists for Initial Interview
[a] CHECKLIST: Sale of goods or services
[b] CHECKLIST: Sale of new residence
[c] CHECKLIST Sale of raw land
[d] CHECKLIST: Lease of commercial real property
§2.05 Attorney-Client Agreements
[a] FORM: Letter agreement with respect to legal services
[b] FORM: Letter enclosing attorney-client agreement
[c] FORM: Attorney-client hourly fee agreement
Chapter 3
Giving Notice and
Responding to an Offer
§3.01 General
Considerations
§3.02 Notice Letter: DTPA
§3.03 Elements of a Notice Letter
[a] FORM: Notice letter (general form)
§3.04 Products or Services
[a] FORM: Notice letter: defective product (rescission and
damages)
[b] FORM: Notice letter: defective product or service (damages)
§3.05 New Automobiles
§3.06 Residential Construction
[a] FORM: Notice letter to builder/seller
[b] FORM: Notice letter to engineer, architect
[c] FORM: Notice letter on a home warranty claim
[d] FORM: Notice letter to real estate broker/agent
§3.07 When Pre-Filing Notice Is Not Required
§3.08 to § 3.13 [Reserved]
§3.14 Investments and Business Opportunities
[a] FORM: Notice letter: business opportunity
§3.15 Raw Land Sales
[a] FORM: Notice letter: no potable water on land
[b] FORM: Notice letter: raw land in flood zone
§3.16 Manufactured Housing
[a] FORM: Notice letter: manufactured housing
§3.17 Article 21.21 of the Insurance Code
[a] FORM: Notice letter: Article 21.21
§3.18 Lease of Commercial Property
§3.18.1 Assisted Living Facilities
[a] FORM: Notice letter to Assisted Living Facility
§3.18.2Notice and Authorization for Release of Healthcare Information
[a] FORM: Notice letter to assisted living facility
[b] FORM: Authorization for release of protected health
information
§3.19 Client Communications Concerning the Notice Letter
[a] FORM: Letter to client transmitting notice letter
[b] FORM: Letter to client: claim rejected
§3.20 Evaluating a Settlement Offer
[a] FORM: Letter to client evaluating a settlement offer
[b] FORM: Letter to client evaluating a settlement offer
(residential construction)
[c] FORM: Letter accepting the settlement offer
[d] FORM: Letter accepting the offer to repair
[e] FORM: Letter rejecting the settlement offer
[f] FORM: Letter rejecting offer to repair
Chapter 4
Responding to the
Notice
§4.01 Evaluating the
Notice Letter
[a] FORM: Letter requesting inspection of goods
§4.02 Initial Evaluation of DTPA Notice Letter
[a] FORM: Letter to client analyzing claim
[b] FORM: Letter requesting additional time
§4.03 Initial Evaluation of Residential Construction Notice Letter
[a] FORM: Letter requesting opportunity to inspect and
photograph defects
[b] FORM: Letter to builder analyzing the notice letter
§4.04 Notice to Subcontractors
[a] FORM: Letter to subcontractor giving notice of claim
§4.05 Requesting Additional Information
[a] FORM: Letter requesting additional information (general)
[b] FORM: Alternative questions: residential construction
defects
§4.06 Responding to the Notice Letter
[a] FORM: General statement denying liability
§4.07 Offering the full amount sought
[a] FORM: Offer of settlement: full amount of claim
§4.08 Offering Less Than the Amount Sought
[a] FORM: Offer of settlement: less than amount sought
§4.09 Offer to Repair Construction Defects
[a] FORM: Offer of settlement: repair of construction
defects
[b] FORM: Offer of settlement: pay for repairs
§4.09.1 Residential Construction Commission
§4.10 Rejecting the Claim
[a] FORM: Letter rejecting claim
§4.11 Effect of Consumer’s Rejection of Settlement Offer
[a] FORM: Affidavit of rejection of settlement offer
Chapter 5
Plaintiff’s Pleadings
§5.01 Contents of
Petition
§5.02 Original Petition
[a] FORM: Petition (general form)
§5.03 Citation
§5.04 The Function of Pleadings
§5.05 Service of Citation on Individuals and Partnerships
[a] FORM: Citation on individual
[b] FORM: Citation on general partnership
[c] FORM: Citation on limited partnership
§5.06 Service of Citation on Corporations
[a] FORM: Service on Texas corporations
§5.07 Service on the Secretary of State
[a] FORM: Citation on Secretary of State—no agent for
service
[b] FORM: Citation on Secretary of State—engages in business in
Texas
[c] FORM: Citation on Secretary of State—former resident
[d] FORM: Citation on Secretary of State—claim arises from
business
§5.08 Long Arm Jurisdiction
[a] FORM: Citation based on long arm jurisdiction
§5.09 Obtaining proof of service
§5.10 Citation on Person in Charge of Business
[a] FORM: Citation when currently engaged in business
[b] FORM: Notice of service to nonresident
§5.11 Service on certain employees or agent
§5.12 Alleging Statutory Authority
§5.13 Notice and Conditions Precedent
[a] FORM: Notice given
[b] FORM: Notice not given
§5.14 Venue
[al FORM: General venue
[b] FORM: DTPA venue
[c] FORM: Breach of warranty by manufacturer
[c.1] FORM: Breach of warranty by manufacturer (suits filed
after September 1, 1995)
[d] FORM: Venue proper as to other defendant
§5.15 Knowing Conduct
[a] FORM: Knowing conduct (general form)
[a.1] FORM: Knowing conduct (general form)
[b] FORM: Knowing conduct (breach of warranty)
[b.1] FORM: Knowing conduct (breach of warranty)
§5.15.1 Intentional Conduct
[a] FORM: Intentional conduct (general form)
[b] FORM: Intentional conduct (breach of warranty)
§5.16 Actual Damages
[a] FORM: Actual damages (product)
[b] FORM: Actual damages (unimproved land)
[c] FORM: Actual damages (residential construction)
[d] FORM: Actual damages (investments)
§5.17 Additional Statutory Damages; Exemplary Damages
[a] FORM: Discretionary additional damages (non-Insurance
Code cases)
[b] FORM: Mandatory treble damages (Insurance Code cases)
[c] FORM: Additional damages (personal injury; wrongful death)
[d] FORM: Exemplary damages (gross negligence)
[e] FORM: Exemplary damages (general form)
§5.18 Pleading Specific Actions
[a] REFERENCE TABLE OF ALLEGATIONS
§5.19 New Automobile
[a] FORM: New automobile (with holder-in-due-course rule
claim)
§ 5.19.1Misrepresentation in sale of business goods
[a] FORM: Business goods
§5.20 Sale of Unimproved Land
[a] FORM: Unimproved land
§5.21 Purchase of a New Residence
[a] FORM: New House Purchased From Builder/Seller (with
homeowner warranty)
§5.21.1 Purchase of a Used Residence
[a] FORM: Used House Purchased From Owner (Failure to Disclose
Defects)
[b] FORM: Used House, Suit Against Real Estate Broker
[c] FORM: Used House, Suit Against Real Estate Inspector
§5.21.2 Commercial Construction
[a] FORM: Defective Commercial Construction
§5.22 Real Estate Funds to Satisfy Judgments
§5.23 Real Estate Recovery Fund
§5.24 Real Estate Inspector Recovery Fund
[a] FORM: Motion for order directing payment out of Real
Estate Recovery Fund
[b] FORM: Affidavit of custodian of official records, Texas Real
Estate Commission
[c] FORM: Order directing payment out of Real Estate Recovery
Fund
§5.25 Investments
[a] FORM: Investments (general)
[b] FORM: Franchise Investment
[c] FORM: Purchase of existing franchise
§5.26 Banking, Lending
[a] FORM: Unauthorized withdrawal of funds
[b] FORM: False representation to extend credit
§5.27 Manufactured Housing
§5.28 Service of citation
[a] FORM: Citation on Commissioner of Texas Department of
Labor and Standards
§5.29 Notice of Filing of Lawsuit
[a] FORM: Notice of filing of manufactured housing lawsuit
§5.30 Manufactured Homeowner’s Recovery Fund
§5.31 Commercial Real Property Lease
[a] FORM: Commercial lease of real property
§5.31.1Art. 21.21 of the Texas Insurance Code
[a] FORM: Petition (Article 21.21)
§ 5.31.2Breach of ambiguous insurance contract
[a] SAMPLE: Petition asserting ambiguity, breach of contract and
Art. 21.21 violations
§ 5.31.3 Assisted Living Facilities
[a] FORM: Petition (Assisted Living Facility)
§5.32 Application for Injunctive Relief
[a] FORM: Petition for injunctive relief (general form)
[b] FORM: Temporary restraining order (general form)
[c] FORM: Application for temporary injunction (threatened
foreclosure)
[d] FORM: Temporary Injunction
§5.33 Pleading Discovery Rule to Avoid Limitations
[a] FORM: Allegation invoking the discovery rule
Chapter 6
Defendant’s Pleadings
§6.01 Pleas in
Abatement
§6.01.1Inadequate Notice of Claim
[a] FORM: Plea in abatement (inadequate notice of claim)
[b] FORM: Order on plea in abatement
§6.01.2 Refusal to Allow Inspection
[a] FORM: Plea in abatement: no opportunity to inspect
[b] FORM: Order on plea in abatement
§6.01.3 Mediation/ Arbitration:
[a] FORM: Plea in abatement: mediation/arbitration
[b] FORM: Order on plea in abatement
§6.02 [Reserved]
§6.03 Motion to Transfer Venue
[a] FORM: Motion to transfer venue
[b] FORM: Affidavit in support of motion to transfer venue
[c] FORM: Order sustaining motion to transfer venue
§6.04 Original Answer
[a] FORM: Original answer (general form)
§6.05 Special Exceptions: Inadequacy of Pleadings
§6.06 Affirmative Defenses: DTPA
[a] FORM: Original answer with affirmative defenses
§6.07 Affirmative Defense: Waiver
[a] FORM: Affirmative defense: waiver
§6.08 Affirmative Defenses: Residential Construction
[a] FORM: Original answer with affirmative defenses
(residential construction)
§6.09Affirmative Defense: Professional Opinion
[a] FORM: Affirmative defense: professional opinion
§6.09.1Affirmative Defense: Claim Arises Out of Written Contract
[a] FORM: Affirmative defense: claim arises out of written
contract
§6.09.2 Affirmative Defense: Transaction Exceeds DTPA’s Dollar Limit
[a] FORM: Affirmative defense: consideration paid exceeds DTPA’s
transactional cap
§6.09.3 Affirmative Defense: “As Is” Purchases
[a] FORM: Affirmative Defense: “As Is” Real Estate Purchase
§6.10 Counterclaim for Bad Faith and Harassment
[a] FORM: Counterclaim for bad faith, harassment
Chapter 7
Discovery
§7.01 General
Considerations
§7.02 Informal Discovery
§7.03 Corporation Information
§7.04 Assumed Names
§7.05 Financial Institutions
§7.06 Insurance Companies
§7.07 Insurance Agents
§7.08 Realtors
§7.09 Real Estate Inspectors
§7.10 Prior Lawsuits
§7.11 Prior Claims or Complaints
§7.12 Construction Information
§7.13 Manufactured Housing
§7.14 Formal Discovery
§7.15 The Rules of Civil Procedure
§7.16 Scope of Discovery
§7.17 Specific Discoverable Matters
§7.18 Potential Fact Witnesses and Parties
§7.19 Expert Witnesses
§7.20 Documents
§7.21 Tax Returns
§7.22 Financial Records
§7.23 Photographs
§7.24 Indemnity, Insuring and Settlement Agreements
§7.25 Medical Records
§7.26 Statements
§7.27 Wealth of Parties
§7.28 Other Claims
§7.29 Insurance Company Files
§7.30 Land
§7.31 Exemptions from Discovery
§7.32 Work Product
§7.33 Other Privileged Information
§7.34 Subpoenas
[a] FORM: Subpoena
§7.35 Forms of Discovery
§7.36 Discovery Control Plan
§7.37 Level 1 Discovery
§7.38 Level 2 Discovery
§7.39 Level 3 Discovery
§7.40 Modification of Discovery Control Plan
[a] FORM: Motion to modify discovery control plan
[b] FORM: Order modifying discovery control plan
§7.41 Discovery Agreements
[a] FORM: Rule 11 Agreement
§7.41.1 Requests for Disclosure
[a] FORM: Request for Disclosure (general form)
[b] FORM: Request for Disclosure (short form)
§7.42 Interrogatories
§7.43 Drafting Interrogatories
[a] FORM: Interrogatories (general form)
§7.44 Additional General Questions to Plaintiff
[a] FORM: Additional questions (to plaintiff)
§7.45 Additional Questions for Specific Cases
[a] FORM: Defective product (to defendant)
[b] FORM: Defective product (to plaintiff)
[c] FORM: Unimproved land (to defendant)
[d] FORM: Unimproved land (to plaintiff)
[e] FORM: Residential construction (to defendant)
[f] FORM: Residential construction (to plaintiff)
[g] FORM: Franchise investments (to defendant)
[h] FORM: Franchise investments (to plaintiff)
[i] FORM: Lender liability: unauthorized withdrawal of funds (to
defendant)
[j] FORM: Lender liability: unauthorized withdrawal of funds (to
plaintiff)
[k] FORM: Lender liability: false representation to extend
credit (to defendant)
[l] FORM: Lender liability: false representation to extend
credit (to plaintiff)
[m] FORM: Commercial lease (to defendant)
[n] FORM: Commercial lease (to plaintiff)
[o] FORM: Insurance Code claim: homeowner’s policy (to
defendant)
[p] FORM: Insurance Code claim: homeowner’s policy (to
plaintiff)
§7.46 Request for Production of Documents and Things
§7.47 Drafting Requests for Production
[a] FORM: Request for Production (general form)
§7.48 Requests for Admission
§7.49 Drafting Requests for Admission
[a] FORM: Request for Admission (general form)
§7.50 Responding to Written Discovery Requests
§7.50.1 Depositions on written questions
[a] FORM: Notice of Deposition of Written Questions
§7.51 Oral Depositions
§7.52 Notice of Oral Deposition
[a] FORM: Notice of Oral Deposition (individual)
[b] FORM: Notice of Oral Deposition (organization)
§7.52.1 Depositions Before Suit
[a] FORM: Petition for Pre-Suit Deposition
[b] FORM: Order for Deposition Before Suit
§7.53 Deposition Checklists
§7.54 Preparing the Client for Deposition
[a] FORM: Deposition Preparation Memorandum (plaintiff)
[b] FORM: Deposition Preparation Memorandum (defendant)
Chapter 8
Pre-Trial Proceedings
§8.01 General
Considerations
§8.01.1 Mediation
[a] FORM: Motion to compel mediation
[b] FORM: Order on motion to compel mediation
[c] FORM: Mediation Settlement Agreement
§8.01.2When to Use Mediation
§8.01.3Preparing for Mediation
§8.01.4The Mediation Process
§8.01.4.1Avoiding Ethical Traps In Negotiation
§8.01.5 Arbitration
§8.01.6Applicable Law
§8.01.7Appeal of Arbitrator’s Decision
[a] FORM: Motion to Compel Arbitration
[b] FORM: Order on Motion to Compel Arbitration
§8.02 Offer of Settlement
§8.02.1Invoking the Rule
[a] FORM: Declaration for Application of Offer of Settlement
Rule
§8.02.2Making Settlement Offer
[a] FORM: Offer of Settlement
§8.02.3Awarding Litigation Costs
§8.02.4 “Litigation Costs”
§8.03 Obtaining Trial Setting and Giving Notice
[a] FORM: Letter requesting trial setting
[b] FORM: Certification of trial readiness
[c] FORM: Letter providing notice of setting to parties
[d] FORM: Letter providing notice of setting to witnesses
§8.04 Evidence by Affidavit
§8.05 Cost and necessity of services
[a] FORM: Affidavit concerning cost and necessity of
services
§8.06 Controverting Affidavit Concerning Cost and Necessity of Services
[a] FORM: Counter-affidavit concerning cost and necessity of
services
[b] FORM: Request for leave of court to file counter-affidavit
[c] FORM: Order granting leave to file counter-affidavit
§8.07 Business and Medical Records
[a] FORM: Business or medical records affidavit
§8.08 Use of Criminal Convictions for Impeachment
[a] FORM: Request for notice of use of criminal convictions
for impeachment
§8.09 Visiting Judges
[a] FORM: Objection to assignment of visiting judge
§8.10 Motions in Limine
§8.10.1Travis County Local Rule
§8.10.2Procedure
[a] FORM: Motion in limine (general form)
[b] FORM: Specific matters for plaintiff’s motion in limine
[c] FORM: Specific matters for defendant’s motion in limine
[d] FORM: Order on motion in limine
§8.11 Judicial Notice
[a] FORM: Motion for court to take judicial notice
[b] FORM: Order taking judicial notice
§8.12 Pretrial Hearings
[a] FORM: Motion for pretrial conference
[b] FORM: Order on pretrial conference (general form)
[c] FORM: Scheduling order
Chapter 9
Trial: Part One Voir
Dire to Close of Evidence
§9.01 Jury Selection
§9.02 Challenges to Jurors
§9.03 Exemptions from Jury Service
§9.04 Voir Dire Examination
§9.05 Scope of Voir Dire Examination
§9.06 Sources of Information on Jurors
§9.07 Collecting the Information
§9.08 General Voir Dire Questions
§9.09 Communicating Concepts
§9.10 Introducing the Participants
§9.11 Opening Statement (Plaintiff)
§9.12 Opening Statement (Defendant)
§9.13 Objections in Voir Dire
[a] CHECKLIST: Voir dire objections
§9.14 Preserving Error
§9.15 The Case-in-Chief
§9.16 Order of Testimony
§9.17 Direct Examination
§9.18 Cross Examination
§9.19 Objections to Evidence
[a] CHECKLIST: Objections to evidence
Chapter 10
Trial: Part Two Court’s
Charge to Judgment
§10.01 The Court’s
Charge
§10.01.1 Supported by Pleadings and Evidence
§10.01.2 Governing Rules
§10.01.3 Case Example
§10.01.4 Form of the Jury Questions
[a] FORM: Requested Special Charge
[b] FORM: Ruling on Requested Question, Instruction or
Definition
§10.02 General Definitions and Instructions
[a] FORM: Producing cause
[b] FORM: Market value
[c] FORM: Good and workmanlike manner
[d] FORM: Uninhabitable
[e] FORM: Unconscionable action or course of action
[f] FORM: Express warranty
[g] FORM: Knowingly
[h] FORM: Intentionally
[i] FORM: Corporate agents
[j] FORM: Alter ego
[k] FORM: Agency
§10.03 DTPA “Laundry List” Questions
[a] FORM: False, misleading or deceptive act or practice
[a.1] FORM: Broad form jury questions
[a.2] FORM: Separate form jury questions
[b] Alternative FORMS: False, misleading or deceptive act or
practice
[b.1] FORM: Broad form jury questions
[b.2] FORM: Separate form jury questions
[c] FORM: Description of goods or services
[d] FORM: Description of goods or services (after September 1,
1995)
[e] FORM: Quality or style of goods or services
[f] FORM: Quality or style of goods or services (after September
1, 1995)
[g] FORM: Misrepresented and unlawful agreements
[h] FORM: Misrepresented and unlawful agreements (after
September 1, 1995)
[i] FORM: Work or services performed
[j] FORM: Work or services performed (after September 1, 1995)
[k] FORM: Failure to disclose
[l] FORM: Failure to disclose (after September 1, 1995)
§10.04 Breach of Duty of Good Faith and Fair Dealing
[a] FORM: Breach of duty of good faith and fair
dealing—cancellation of insurance coverage
[b] FORM: Breach of duty of good faith and fair dealing—claim
denial or delay
§10.05 Negligent Misrepresentation
[a] FORM: Negligent misrepresentation
§10.05AFraud
[a] FORM: Common law fraud
[b] FORM: Statutory fraud
§10.06 Breach of Warranty
[a] FORM: Breach of warranty (broad form)
[b] FORM: Breach of warranty (separate form)
[c] FORM: Breach of warranty of merchantability
[d] FORM: Breach of warranty of merchantability (after September
1, 1995)
[e] FORM: Breach of implied warranty on services
[f] FORM: Breach of implied warranty on services (after
September 1, 1995)
[g] FORM: Breach of warranty of habitability and workmanship
(new house)
[h] FORM: Breach of warranty of habitability and workmanship
(new house) (after September 1, 1995)
[i] FORM: Breach of warranty of suitability of commercial lease
space
[j] FORM: Breach of warranty of suitability of commercial lease
space (after September 1, 1995)
§10.07 Unconscionability
[a] FORM: Unconscionable action or course of action
[b] FORM: Unconscionable action or course of action (after
September 1, 1995)
§10.08 Chapter 541 of the Insurance Code
[a] FORM: Chapter 541 of the Insurance Code (broad form)
[b] FORM: Chapter 541 of the Insurance Code (separate form)
§10.09 Damages
[a] FORM: Damages (general form)
[b] FORM: Damages (alternative general form)
[c] FORM: Restoration of money or property
§10.10 Specific Elements of Damages
§10.11 “Knowing” Conduct
[a] FORM: “Knowing” conduct
[b] FORM: “Intentional” conduct
§10.12 Additional and Exemplary Damages
[a] FORM: Additional or exemplary damages
§10.13 Attorneys’ Fees
[a] FORM: Attorneys’ fees
§10.14 Defenses to DTPA and Residential Construction Actions
[a] FORM: Third Party Information
[b] FORM: Unreasonable Rejection of Settlement Offer
[c] FORM: No opportunity to Repair
[d] FORM: Negligence of Another Person
§10.15 Statute of Limitations
[a] FORM: Discovery Rule
§10.15.1 Proportionate Responsibility
§10.16 Sample DTPA Charge
[a] FORM: Sample DTPA charge
§10.17 Jury Arguments
§10.18 General Legal Principles
§10.19 Contents of Jury Arguments
§10.20 Preserving Error
§10.21 Improper Jury Arguments
§10.22 Contents and Structure of Jury Argument
§10.23 Motions for Judgment
[a] FORM: Motion for judgment on the jury verdict
[b] FORM: Defendant’s motion for judgment on jury verdict
§10.24 Final Judgments
[a] FORM: Final judgment for damages and attorneys’ fees
[b] FORM: Final judgment for restoration of money or property
and rescission
[c] FORM: Final judgment for defendant’s attorney’s fees
[d] FORM: Alternative judgment for attorney’s fees
Table of Cases
Index
G6 |
