When you are entering into contracts with a company, do you consider whether they are a corporation versus an LLP or LLC? Perhaps you should.
As an attorney, you might be wondering whether that question is posed in jest. I assure you it is not based on a recent Texas Supreme Court decision. In re Nalle Plastics Family L.P., 2013 Tex. App. LEXIS 396 (Tex. May 17, 2013).
In 2006, the Texas Supreme Court provided a comprehensive set of guidelines requiring limited proof by Plaintiffs' attorneys for recovering attorney fees in cases where attorneys fees are statutorily mandated. The case, Tony Gullo Motors I, L.P. v Chapa, 212 S.W.3d 299 (Tex. 2006), required that claimants segregate their claims into recoverable and non-recoverable claims, and offer evidence that the fees were related to claim covered by the statute mandating attorney fees.