Legal Opinion
JCB, Incorporated v. Horsburgh & Scott Company
Court of Appeals for the Fifth Circuit
Decided November 13, 2018No. 17-51023PublishedCited by 9 opinions
1Opinion of the Court
JAMES C. HO, Circuit Judge:
*239The Texas Sales Representative Act seems straightforward enough: When a sales representative is entitled to a sales commission, but the principal refuses to pay, the sales representative can file suit and seek treble damages. As the Act provides, a principal who fails to pay a commission is liable for "three times the unpaid commission due the sales representative," as well as for reasonable attorney's fees and costs. TEX. BUS. & COM. CODE § 54.004.
Putting the Act into practice, however, presents questions that the plain language of the Act does not appear to…
2Cases cited6 opinions
- MBM Financial Corp. v. Woodlands Operating Co.Texas Supreme Court · 2009
- Gulf States Utilities Co. v. LowTexas Supreme Court · 2002
- Southwestern Bell Mobile Systems, Inc. v. FrancoTexas Supreme Court · 1998
- Robert Swindol v. Aurora Flight Sciences Corp.Court of Appeals for the Fifth Circuit · 2015
- Williamson v. Elf Aquitaine, Inc.Court of Appeals for the Fifth Circuit · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Morgan McMillan v. Amazon.com, IncorporatedCourt of Appeals for the Fifth Circuit · 2020
- Maxim Crane Works v. Zurich Amer InsCourt of Appeals for the Fifth Circuit · 2021
- JCB, Incorporated v. Horsburgh & Scott CompanyCourt of Appeals for the Fifth Circuit · 2019
- Michael Hewitt v. Helix Energy Solutions Group, etCourt of Appeals for the Fifth Circuit · 2020
- Sanders v. Boeing CompanyCourt of Appeals for the Fifth Circuit · 2023
4 more not listed; retrieve them via the Exa API.