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Click here for the full text of this decision FACTS:In an earlier opinion, the 3rd Court of Appeals ruled Houston Livestock Show had violated the Deceptive Trade Practices Act. The appeals court affirmed the trial court judgment that this violation, which involved testing of animals brought to the show by young contestants, was unconscionable, false, misleading and deceptive, and also involved egregious, knowing conduct. In its motion for rehearing, the Livestock Show asserts that the court did not conduct the proper analysis as part of its holding supporting the award of additional-damages award. HOLDING:Motion for rehearing overruled. Under Alamo National Bank v. Kraus, 616 S.W.2d 908 (Tex. 1981), a five-part analysis for awarding additional damages: 1. the nature of the wrong; 2. the character of the conduct involved; 3. the degree of culpability of the wrongdoer; 4. the situation and sensibilities of the parties concerned; and 5. the extent to which such conduct offends a public sense of justice and propriety. The damages were based on the Livestock Show’s knowing conduct, which resulted in children, “who had worked for months raising and caring for their livestock,” being humiliated due to an easily avoidable error. “Finally, regarding the extent to which such conduct offends a public sense of justice and propriety, the public puts its faith in organizations like the Houston Livestock Show. The Houston Livestock Show holds itself out to the public as an organization with high standards whose purpose is assisting children in their pursuit of agricultural education. The public supports the Livestock Show’s activities. The Houston Livestock Show has been found to have breached these standards.” OPINION:Per curiam.

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