...by taking steps to mitigate damages." Texas Gas Utilities, 460 S.W.2d 409, 415. For purposes of this motion, and because it was not... to "act[] in self protection by taking steps to mitigate damages." Texas Gas Utilities...assignee. (Id. Exhs. A-C) Plaintiff alleges that it holds the title to each patent by assignment from Diasense, including "the right to sue for past, present and future damages." (Compl. ¶¶ 12...

...to mitigate its damages. Under Texas law, the doctrine of mitigation of damages is an affirmative defense that "prevents a party from recovering for damages resulting from a breach of contract that..., inapposite, and ambiguous" and, thus, are insufficient to overcome their failure to mitigate damages defense. The Court disagrees. The language of the Note and the Guarantees is clear and unambiguous, and plainly provides that Def.... 1, 908 S.W.2d 415, 426 (Tex. 1995). Because a failure to mitigate damages is an affirmative defense, Defendants have the burden of raising the issue in...

...no duty to mitigate his damages under Texas law. Cocke v. Meridian Sav. Assoc., 778 S.W.2d 516, 520 (Tex. App.-Corpus Christi 1989, no... Court of Appeals of Texas, Seventh District, Amarillo, Panel D. September 25, 2009. Appealed from the 72nd...writ) (stating there is no duty to mitigate in property law). Thus, there can be no material issue of fact relating to the Savages' mitigation defense since their purported defense is inapplicable...

...motion for continuance, essentially arguing that the continuance was required so that they could obtain testimony from witnesses regarding the Landlord's alleged failure to mitigate damages. Texas Rule...that the Landlord failed to mitigate its damages, and a request for attorneys' fees. After a bench trial, the trial court awarded the Landlord $284,838.80 against Zurita on the...Landlord failed to mitigate its damages. FOF 42: Because Zurita and [AZR] failed to join or retain other parties who may have or claim an interest in...

...), 291 Or. 374, 631 P.2d 761 (lessor of real property owes duty to mitigate its damages upon abandonment of leasehold); ...February 6, 2002, we accepted jurisdiction in case No. 2001-1165, the underlying case, solely to determine whether a landlord has a duty to mitigate damages caused by a tenant who breaches a commercial...pursuant to the Rules of Practice of the Supreme Court. Accordingly, the only issue before us is whether a landlord has a duty to mitigate damages caused by a tenant who breaches a commercial lease and...

..., 173-74 (Tex. 1995). Texas courts have not yet ruled on whether the duty to mitigate damages is a condition precedent or an offset to reimbursement under the generic homeowners policy. We make an Erie guess on t...mitigate damages by care and treatment of personal injuries is not an affirmative defense which must be specifically pleaded to let in evidence of such failure and to entitle the wrongdoer to proper court instructions."). Furthermor...challenge the district court's trial instruction to the jury that the failure to mitigate damages is a condition precedent to recovery. We affirm on the former conclusion but must reverse and remand for a...

...is a fact question in this case as to the seller's duty to mitigate damages. Section 2.709 of the Texas Business and Commerce Code provides..., 660 S.W.2d 851, 855 (Tex.App. — Austin 1983, no writ). For the purposes of this opinion, we assume but do not decide that there is a common law duty upon the seller to mitigate damages for goods delivered and accepted. How...delivery and acceptance of goods by a buyer, the seller has the duty to mitigate its damages by accepting a return of the goods upon the...

...damages under the Deceptive Trade Practices Act. We do, however, recognize a party is under an obligation to mitigate damages whenever possible. Consequently, a party is entitled to recover, as ..., 90 S.W.2d 557 (1936). In a termite infestation case, we believe it reasonable to (1) have an immediate re-extermination in order to mitigate damages and (2) to... ORKIN EXTERMINATING CO., INC., Appellant, v. Ineda LeSASSIER, Appellee. No. 09-83-221 CV. Court of Appeals of Texas...

.... Other jurisdictions have found ample reason for the proposition that commercial landlords have a duty to mitigate damages. The concurring opinion in ...at 206), the Texas Supreme Court discussed relevant policy reasons favoring a duty to mitigate damages with respect to termination of a commercial office space lease...delivered by PETRELLA, P.J.A.D. This tenancy appeal raises the issue of whether landlords of a commercial building have a duty to mitigate damages when a...

...terms expired." The RTC contends that the district court erred by submitting this issue to the jury because Texas common law does not impose a duty on a lessor to mitigate its damages...mitigate their damages. Nevertheless, the majority opinion in Brown did not address this issue, and Texas intermediate appellate courts still adhere to the rule that Texas common law does not...under a duty to mitigate its damages. Fourth, we must decide whether the defendants' liability is individual or joint and several. Fifth, we must determine whether the jury should have awarded the full...

...."). We are persuaded that Texas law should allow defendants to introduce some evidence to mitigate punitive damages. Accordingly, we hold that evidence about the profitability of a defendant's...evidence to mitigate punitive damages. Second, in Owens-Corning Fiberglas Corporation v. Wasiak, we consider whether the trial court's punitive damage awards, either in this case alone or when...be admitted when a defendant offers it to mitigate punitive damages. We nevertheless conclude that the trial court's error, if any, in excluding this evidence was harmless. We conclude in...

...Lakes's failure to mitigate damages. Sugar Lakes contends the Plaintiff "cannot establish that he, as a guarantor, has standing under Texas law to assert...have standing to bring the defense of failure to mitigate damages, the Court would have no reason to address whether the guarantor had met his summary judgment evidence burden. Thus, Lunsford indicates that it is possible for...requests that this Court grant summary judgment with respect to the debtor's affirmative defense on the basis of Sugar Lakes's alleged failure to mitigate damages. For the reasons...

...antibiotics only entitled Dr. Elbaor to an instruction on Ms. Smith's failure to mitigate damages. Rule 278 of the Texas Rules of Civil Procedure provides...evidence would only support a jury instruction regarding her failure to mitigate damages rather than a submission of contributory negligence. See... James E. ELBAOR, M.D., Petitioner, v. Carole Mercer SMITH, Respondent. No. D-1163. Supreme Court of Texas...

...affirmatively demonstrated a reasonable effort to mitigate damages. This court, however, has been presented with the applicable law of Texas and takes judicial notice of it. Evid.R.... 9(2). Texas law does not require any effort to mitigate damages. There a landlord has no duty to try to re-let where a tenant abandons leased premises. Stubbs v. Stu...obligation to make a reasonable effort to mitigate damages where a tenant wrongfully vacates a residence. The present case questions whether that doctrine is applicable to a suit in this State for...

...months of May and June. Rodin testified below that his purpose in reconsigning the potatoes to Texas was to reconstitute them and thereby mitigate damages. Upon arrival at Amarillo,...they be reconstituted and thereby mitigate damages. When they arrived in Texas, however, they were worthless. During the trial below it appears that the jury found that the condition of the potatoes...arrival there in poor condition they were diverted by appellant to Amarillo in order to mitigate damages. This contention on the part of appellant presents this court with a rather...

...Plaintiffs' failure to mitigate their economic damages under the Texas Whistleblower Act, finding that Plaintiffs had failed to identify competent evidence of their efforts to obtain substantially equivalent.... Levingston, 221 S.W.3d 204, 232 (Tex. App.—Houston [1st Dist.] 2006, no pet.). However, a plaintiff must use reasonable diligence to mitigate damages by seeking othe...., 330 F.3d 379, 393 (5th Cir. 2003). In a wrongful discharge case, the defendant has the burden of proving plaintiff's failure to mitigate damages. Id. However, if th...

...that Giles failed to mitigate his future damages is the fact that he accepted employment as a park attendant and a finding by the Texas Workers' Compensation Commission that he had "not made a good.... B. The district court awarded front pay of $141,110. GE argues Giles failed to mitigate his..., district courts "must consider [a plaintiff's] failure to mitigate . . . damages in determining the extent to which, if at all, front pay is appropriate...

...203, 204 (Tex. 1988), in which he noted the absence of a landlord's duty to mitigate damages in "traditional" Texas case law and urged that Texas should "abandon [this] antiquated rule of property...mitigate damages."); see also Resolution Trust Corp. v. Cramer, 6 F.3d 1102, 1108 (5th Cir. 1993) ("Texas intermediate appellate courts...still adhere to the rule that Texas common law does not impose on landlords a duty to mitigate their damages once the leased premises has been abandoned."). We therefore are not free to create the new...

...sold even the restricted stock under certain conditions pursuant to Securities and Exchange Rule 144, we concluded that plaintiffs "had a duty to mitigate their damages by selling the maximum amount of...their failure to mitigate damages. On remand the trial court reasoned that, because the plaintiffs had 40,375 unrestricted shares that were always eligible for sale, the defendant's...potential return on the sale of the restricted shares ought not mitigate damages. Alternatively, the court found that it would be unreasonable to extend the duty of sale beyond May 1, 1972, the date on...