McKinley v. Drozd

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a party does not need a net recovery to be awarded attorney’s fees; all that is required is that the party prevail on a just claim
• recognizing former strict construction and amendment mandating liberal construction
• construing predecessor to chapter 38 of Civil Practice and Remedies Code and concluding that party was entitled to attorney’s fees even though its damages were offset by opposing party’s counterclaim
• noting 218 S.W.3d at 69 (citing Tony Gullo, 212 S.W.3d at 313
• DTPA plaintiff awarded attorney’s fees even where DTPA award entirely offset by opposing claim
• proper construction allows attorney’s fee recovery even if claim’s amount entirely offset by an opposing party’s claim because of legislative intent to discourage unnecessarily litigation, encourage defense of a just claim, and legislative mandate to construe chapter liberally

Source: CourtListener parenthetical corpus (CC0).