Bossier Chrysler-Dodge II, Inc. v. Rauschenberg

In this appeal we are asked to consider whether the case should be remanded for a new trial on attorney’s fees. A divided court of appeals affirmed the attorney’s fees award although it reduced the trial court’s damage award by eighty-seven percent. 201 S.W.3d 787. We have said that the issue of attorney’s fees should ordinarily be retried under these circumstances unless the appellate court is “reasonably certain that the jury was not significantly influenced by the erroneous [damage award].” Barker v. Eckman, 213 S.W.3d 306 (Tex.2006). Our opinion in Barker issued after the court of…