9-6 CONTRIBUTION AMONG TRADE SECRET DEFENDANTS

• Jurisdiction: United States

9-6 Contribution among Trade Secret Defendants

Contribution rights arise when more than one defendant is found responsible to the claimant. If it paid more than its allocated percentage of damages, a defendant subject to joint and several liability is entitled to contribution from other defendants that were also allocated a portion of the responsibility.⁹⁷ The "overpaying" defendant can receive up to the other defendant or defendants' unpaid share of the damages.⁹⁸ The Hunter Buildings case discussed above provides an example of a situation in which the defendant would not have a right to contribution.⁹⁹ Because the individual defendants there were each found to be zero percent responsible for the harm to the plaintiff, they could not be held jointly and severally liable, so the corporate defendant could not have had any right to contribution from the individual defendants.

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Notes:

^[97] Tex. Civ. Prac. & Rem. Code Ann. § 33.015(a).

^[98] See Tex. Civ. Prac. & Rem. Code Ann. § 33.015(a).

^[99] See Hunter Bldgs. & Mfg., L.P. v. MBI Glob., L.L.C., 436 S.W.3d 9, 16-17 (Tex. App.-Houston [14th Dist.] 2014, pet...