American National Petroleum Company and Oil Investments, Ltd., Petitioners v. Transcontinental Gas Pipe Line…

Summary

The Texas Supreme Court reversed the Court of Appeals, reinstated the trial court’s award of exemplary damages, and held that Transco’s failure to object to the omission of a separate tort‑damages issue waived the requirement for a distinct jury question, permitting a deemed finding of actual damages for tortious interference; the Court also held that Transco was not privileged to interfere with the gas‑balancing agreements and that attorney’s fees for the tort claim should not be deleted, and remanded for further factual determinations. Justice Gonzalez dissented, contending that no distinct tort existed and that exemplary damages were improper.