Nabours v. Longview Savings & Loan Ass'n

The court’s decision today creates a rule disallowing an award of punitive damages incident to equitable relief, despite a defendant’s wrongful acts. This disregard of a jury verdict is rationalized by a purported reliance upon judicial precedent. Not only does the court’s attempt to adhere to such precedent rely upon an incorrect analysis of Texas law, but with a pen stroke today’s decision discards Texas common law dating back to 1855. But, there is even a more fundamental problem with the result reached. In its sanction of wrongdoing, the opinion overlooks elementary legal policies that…