10-7 Pleading Requirements for Statutory Damages Cap
Generally, statutory damage caps are to applied irrespective of whether the defendant has pleaded them as the cap is not a factual issue to be decided by the jury but rather a legally mandated limitation to be applied by the Court. The cap on exemplary damages set forth in Tex. Civ. Prac. & Rem. Code Ann. § 41.008(b) applies without any proof burden on the defendant; it is not "an avoidance or affirmative defense" pursuant to Tex. R. Civ. P. 94.36 On the...
