Liquidated damages clauses pre-set the amount of damages for breach. Texas courts enforce them only when the amount is a reasonable forecast of anticipated harm.
The cases below are organized by outcome and significance. Flagship cases represent the most-cited opinions that have shaped how liquidated damages clauses are interpreted in Texas courts.
Whether a defendant qualifies as an 'employer' under ADEA is a substantive element of the plaintiff's claim, not merely a jurisdictional question, and must be decided by a jury rather than dismissed by the judge under Rule 12(b)(1).
A party cannot be compelled to arbitrate disputes unless it has agreed to do so; InterGen, a non-signatory to the arbitration agreements, is not bound by arbitration clauses in contracts signed by other parties.
Local Government Code § 89.004's presentment requirement is a condition precedent to suit, not a waiver of sovereign immunity, and a county does not waive immunity by withholding contract payments under liquidated damages clauses.
57 opinions sorted by most cited
| CASE | CITATION | OUTCOME | CITES |
|---|---|---|---|
| Luis E. Garcia, M.D. v. Copenhaver, Bell & Associates, m.d.'s, P.A., Defendant-Third Party St. Paul Fire & Marine Insurance Company, Third Party Court of Appeals for the Third Circuit | 104 F.3d 1256 (1997) | remanded | 341 |
| Intergen N v. v. Grina Court of Appeals for the First Circuit | 344 F.3d 134 (2003) | enforced | 308 |
| Travis County v. Pelzel & Associates, Inc. Texas Supreme Court | 77 S.W.3d 246 (2002) | voided | 276 |
| Hamon Contractors, Inc. v. Carter & Burgess, Inc. Colorado Court of Appeals | 229 P.3d 282 (2009) | enforced | 234 |
| Robert Lilley, Cross-Appellee v. Btm Corporation, Cross-Appellant Court of Appeals for the Sixth Circuit | 958 F.2d 746 (1992) | affirmed in part, reversed and remanded in part | 208 |
| County Commissioners v. J. Roland Dashiell & Sons, Inc. Court of Appeals of Maryland | 747 A.2d 600 (2000) | enforced | 202 |
| Marshall v. Baggett Court of Appeals for the Eighth Circuit | 616 F.3d 849 (2010) | voided | 195 |
| Catalina Development, Inc. v. County of El Paso Texas Supreme Court | 121 S.W.3d 704 (2003) | enforced | 190 |
| Baty v. ProTech Insurance Agency Texas Court of Appeals, 14th District (Houston) | 63 S.W.3d 841 (2002) | remanded | 177 |
| Harris v. City of Philadelphia Court of Appeals for the Third Circuit | 47 F.3d 1311 (1995) | enforced | 176 |
| Razor v. Hyundai Motor America Illinois Supreme Court | 854 N.E.2d 607 (2006) | modified | 176 |
| Zuver v. Airtouch Communications, Inc. Washington Supreme Court | 103 P.3d 753 (2004) | modified | 174 |
| Parrish v. Premier Directional Drilling, L.P. Court of Appeals for the Fifth Circuit | 917 F.3d 369 (2019) | voided | 168 |
| Cates Construction, Inc. v. Talbot Partners California Supreme Court | 980 P.2d 407 (1999) | modified | 165 |
| Johnson v. Sawyer,et al Court of Appeals for the Fifth Circuit | 120 F.3d 1307 (1997) | remanded | 154 |
| Roxas v. Marcos Hawaii Supreme Court | 969 P.2d 1209 (1998) | remanded | 153 |
| Zachry Construction Corporation v. Port of Houston Authority of Harris County, Texas Texas Supreme Court | 449 S.W.3d 98 (2014) | remanded | 151 |
| Freeman & Mills, Inc. v. Belcher Oil Co. California Supreme Court | 900 P.2d 669 (1995) | voided | 146 |
| Thomas E. West v. Nabors Drilling Usa, Inc. Court of Appeals for the Fifth Circuit | 330 F.3d 379 (2003) | affirmed | 119 |
| Bureerong v. Uvawas District Court, C.D. California | 922 F. Supp. 1450 (1996) | modified | 111 |