Texas appellate court rejects 1-to-1 ratio cap in abuse of process/defamation case
Pitts v. Collard, LLP v. Schechter (Tex. App. Dec. 29, 2011)
Opinion by Justice Michael C. Massengale
Plaintiff attorney sued defendant attorney for abuse of process and defamation, receiving $101,000 in compensatory damages and $300,000 in exemplary damages, remitted to $200,000 under a damages cap. Appellate court sustained award in full, rejecting defendant’s argument that a 1-to-1 ratio should apply.
David T. Moran, Charles L. Babcock, Lori J. Lamoreaux, and Steven Wayne Smith
Dale Jefferson, Levon G. Hovnatanian, Bruce E. Ramage, and Raul H. Suazo for defendant