In a non-employment case that is nonetheless important for labor and employment lawyers, the Texas Supreme Court has held that statutory damage caps under the Texas Civil Practice and Remedies Code need not be plead as an affirmative defense by the defendant. While the case applies to the damage caps of Chapter 41 of the TCPRC, there is no reason that the rationale from the Court’s opinion doesn’t equally apply to the statutory damage caps found in the Texas Labor Code that apply to most state law discrimination, harassment and retaliation claims.
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