Case Citations

999 case law citations with propositions — what each case was cited for

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677 rows where cited_by = "Kassab"

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  • Kassab · 677 ✖
citation_id ▼ filing_id case_name citation court year proposition cited_by
2 6 6 Reynolds v. State 2017 Tex. App. LEXIS 11059, *1-2 Texas Court of Appeals 2017 Barratry has been considered a crime in Texas since 1876; Texas outlawed having a runner solicit clients on behalf of a lawyer as far back as 1917 Kassab
3 6 6 Neese v. Lyon 479 S.W.3d 368, 376-77 (Tex. App.—Dallas 2015, no pet.) Tex. App.—Dallas 2015 The ordinary meaning of barratry is vexatious incitement to litigation especially by soliciting potential legal clients; discusses legislative history of § 82.065 and § 82.0651 Kassab
4 7 7 Adams v. Starside Custom Builders, LLC 547 S.W.3d 890 Texas Supreme Court 2018 TCPA analysis first step requires movant to demonstrate by preponderance of evidence that the statute applies; the statute 'casts a wide net' Kassab
5 7 7 ExxonMobil Pipeline Co. v. Coleman 512 S.W.3d 895 Texas Supreme Court 2017 TCPA includes expedited manner of dismissing claims brought to intimidate or silence defendant's First Amendment rights Kassab
6 7 7 Bedford v. Spassoff 520 S.W.3d 901 Texas Supreme Court 2017 Trial court must consider pleadings and affidavits when determining TCPA applicability Kassab
7 7 7 Deaver v. Desai 483 S.W.3d 668 Tex. App.—Houston [14th Dist.] 2015 Statements relating to legal services offered by attorney in the marketplace address matters of public concern under TCPA Kassab
8 7 7 Lippincott v. Whisenhunt 462 S.W.3d 507 Texas Supreme Court 2015 TCPA 'communication' definition encompasses both public and private communications Kassab
9 7 7 Avila v. Larrea 394 S.W.3d 646 Tex. App.—Dallas 2012 Attorney's legal services constitute a 'service in the marketplace' and thus a matter of public concern Kassab
10 7 7 Watson v. Hardman 497 S.W.3d 601 Tex. App.—Dallas 2016 No requirement that the subject matter of the proceeding must concern public interest for right to petition protection to apply Kassab
11 7 7 Johnson-Todd v. Morgan 480 S.W.3d 605 Tex. App.—Beaumont 2015 TCPA remedies extend to attorneys acting as agents for their clients when communicating during judicial proceedings Kassab
12 7 7 Beving v. Beadles 2018 Tex. App. LEXIS 8540 Tex. App.—Fort Worth 2018 Deposition and affidavit testimony in underlying lawsuit constitutes exercise of the right to petition Kassab
13 7 7 Elite Auto Body LLC v. Autocraft Bodywerks, Inc. 520 S.W.3d 191 Tex. App.—Austin 2017 Right of association protects sharing of confidential information between individuals joining together to pursue common interests, even when alleged to be wrongful Kassab
14 7 7 James v. Calkins 446 S.W.3d 135 Tex. App.—Houston [1st Dist.] 2014 Fraud claims against attorney and client arising out of prior litigation were protected as exercise of rights to speak, associate, and petition Kassab
15 7 7 Collins v. Collins 2018 WL 1320841 Tex. App.—Houston [1st Dist.] 2018 Conversion and fraud claims based on communications in judicial proceedings (divorce) were subject to TCPA dismissal; trial court abused discretion by denying TCPA motion Kassab
16 7 7 Reeves v. Harbor Am. Cent., Inc. 552 S.W.3d 389 Tex. App.—Houston [14th Dist.] 2018 Conversion and trade secret claims triggered TCPA analysis; trial court could not summarily conclude TCPA does not apply without conducting full analysis Kassab
17 7 7 FCLT Loans, L.P. v. Estate of Bracher 93 S.W.3d 469 Tex. App.—Houston [14th Dist.] 2002 To bring a conversion claim, the aggrieved party must have ownership, possession, or the right to immediate possession of the property Kassab
18 7 7 Trammel Crow Co. No. 60 v. Harkinson 944 S.W.2d 631 Texas Supreme Court 1997 To prevail on civil conspiracy, plaintiff must show defendant was liable for an underlying tort Kassab
19 7 7 Cantey Hanger, LLP v. Byrd 467 S.W.3d 477 Texas Supreme Court 2015 Attorneys are immune from civil liability to non-clients for actions taken in connection with representing a client in litigation; mere labeling of conduct as 'fraudulent' does not remove it from scope of representation Kassab
20 7 7 Youngkin v. Hines 546 S.W.3d 675 Texas Supreme Court 2018 Attorney immunity inquiry focuses on the kind of conduct at issue rather than the alleged wrongfulness of said conduct Kassab
21 7 7 Alpert v. Crain, Caton & James, P.C. 178 S.W.3d 398 Tex. App.—Houston [1st Dist.] 2005 Conspiracy to defraud claim was not actionable where complained-of actions involved filing of lawsuits to facilitate rendition of legal services Kassab
22 7 7 Highland Capital Mgmt., LP v. Looper Reed & McGraw, P.C. 2016 WL 164528 Tex. App.—Dallas 2016 Claims that a lawyer obtained stolen property and threatened disclosure were dismissed on attorney immunity because conduct fell 'squarely within the scope of representation' in the lawsuit; dismissal via Rule 91a Kassab
23 7 7 Exxon Corp. v. Emerald Oil & Gas Co. 348 S.W.3d 194 Texas Supreme Court 2011 Statute of limitations begins to run when party has actual knowledge of wrongful injury, even without knowing specific cause, responsible party, or full extent Kassab
24 7 7 Burns v. Rochon 190 S.W.3d 263 Tex. App.—Houston [1st Dist.] 2006 Two-year statute of limitations for conversion runs from date property is allegedly taken Kassab
25 7 7 Mayes v. Stewart 316 S.W.3d 715 Tex. App.—Houston [14th Dist.] 2010 Two-year statute of limitations applies to civil conspiracy claims Kassab
26 7 7 Barr v. Resolution Tr. Corp. 837 S.W.2d 627 Texas Supreme Court 1992 Res judicata prevents relitigation of claims that have been finally adjudicated and related matters that should have been litigated in the prior suit Kassab
27 7 7 Lemon v. Spann 633 S.W.2d 568 Tex. App.—Texarkana 1982 Judgment in first suit precludes second action by parties and privies on matters actually litigated and causes of action arising from the same subject matter Kassab
28 7 7 Ventling v. Johnson 466 S.W.3d 143 Texas Supreme Court 2015 If trial attorney's fees are mandatory under a statute, then appellate attorney's fees are also mandatory when proof of reasonable fees is presented Kassab
29 7 7 Urquhart v. Calkins 2018 Tex. App. LEXIS 5145 Tex. App.—Houston [1st Dist.] 2018 Under the TCPA, trial court does not have discretion to disallow conditional appellate attorney's fees when proof of reasonable fees is presented Kassab
46 10 10 Humphreys v. Caldwell 888 S.W.2d 469 Texas Supreme Court 1994 An affidavit must be based on the affiant's personal knowledge and must state that the facts in it are true Kassab
47 10 10 Radio Station KSCS v. Jennings 750 S.W.2d 760 Texas Supreme Court 1988 Affidavit must show witness has personal knowledge under Tex. R. Evid. 602 Kassab
48 10 10 Burke v. Satterfield 525 S.W.2d 950 Texas Supreme Court 1975 An affidavit must contain direct and unequivocal statements that, if false, would be grounds for perjury Kassab
49 10 10 Hall v. Stephenson 919 S.W.2d 454 Tex. App.—Fort Worth 1996 Affidavit must contain statements that would be grounds for perjury if false Kassab
50 10 10 Freeman v. American Motorists Ins. 53 S.W.3d 710 Tex. App.—Houston [1st Dist.] 2001 Six elements required to introduce a business record through a witness under Tex. R. Evid. 803(6) Kassab
51 10 10 Ryland Group, Inc. v. Hood 924 S.W.2d 120 Texas Supreme Court 1996 Conclusory affidavits do not raise fact issues and are incompetent evidence as a matter of law Kassab
52 10 10 Stephens v. Precision Drilling Oilfield Servs. Corp. 2013 WL 1928797 Tex. App.—Houston [1st Dist.] 2013 Conclusory affidavits are incompetent evidence as a matter of law Kassab
53 10 10 Dolcefino v. Randolph 19 S.W.3d 906 Tex. App.—Houston [14th Dist.] 2000 A conclusory statement is one that does not provide the underlying facts to support the conclusion Kassab
54 10 10 E.I. du Pont de Nemours & Co. v. Shell Oil Co. 259 S.W.3d 800 Tex. App.—Houston [1st Dist.] 2007 An affidavit is conclusory when it expresses a factual inference without stating the underlying facts on which the inference is based Kassab
55 10 10 Game Sys. v. Forbes Hutton Leasing, Inc. 2011 Tex. App. LEXIS 4098 Tex. App.—Fort Worth 2011 Statement that software 'constitutes a trade secret' was conclusory and not proper evidence Kassab
56 10 10 McCollum v. Bank of N.Y. Mellon Tr. Co. 481 S.W.3d 352 Tex. App.—El Paso 2015 Conclusory statements that conduct is 'allegedly wrongful' are insufficient to raise a fact issue Kassab
57 10 10 Celtic Props., L.C. v. Cleveland Reg'l Med. Ctr., L.P. 2015 WL 4600661 Tex. App.—Beaumont 2015 Statement that property was 'damaged' as a result of defendant's conduct was insufficient as a matter of law Kassab
58 10 10 Chapa v. Stonehaven Dev., Inc. 2013 Tex. App. LEXIS 10159 Tex. App.—Corpus Christi 2013 Statement 'we lost the profits we would have made' is conclusory because it provides no underlying facts to support the conclusion Kassab
59 10 10 Fraud-Tech, Inc. v. Choicepoint, Inc. 2006 WL 1030189 Tex. App.—Fort Worth 2006 Affidavit testimony that appellants were damaged because of alleged conversion was conclusory when affiant did not supply facts underlying its conclusions Kassab
60 10 10 Plas-Tex, Inc. v. Jones 2000 Tex. App. LEXIS 3188 Tex. App.—Austin 2000 Conclusory statements regarding value of unidentified trade secrets were insufficient to support claim of damages Kassab
61 10 10 Methodist Hosp. v. Zurich Am. Ins. Co. 329 S.W.3d 510 Tex. App.—Houston [14th Dist.] 2009 Bare assertion that opposing party's conduct was the 'causal connection' of damages was conclusory, 'substantively defective,' and no more than affiant's subjective opinion Kassab
62 10 10 In Re Kenneth George (consolidated with In Re Epic Holdings, Inc.) 28 S.W.3d 511 Texas Supreme Court 2000 The attorney is the agent of the client, and the work product generated by the attorney in representing the client belongs to the client Kassab
63 10 10 Hebisen v. State 615 S.W.2d 866 Tex. Civ. App.—Houston [1st Dist.] 1981 Contents of a client's file must be turned over to the client promptly upon request Kassab
64 10 10 Resolution Trust Corp. v. H--, P.C. 128 FRD 647 N.D. Tex. 1989 Attorney may retain a copy of the file at attorney's expense, but the original file belongs to the client Kassab
65 10 10 Nolan v. Foreman 665 F.2d 738 U.S. Court of Appeals, Fifth Circuit 1982 Client file belongs to the client; rehearing denied at 671 F.2d 1380 Kassab
66 10 10 Smith v. State 490 S.W.2d 902 Tex. Civ. App.—Corpus Christi 1972 Failure to turn over client files is willful and malicious and constitutes dishonorable conduct; retention only permitted to secure a debt if not prejudicial to client Kassab
67 10 10 Castleman v. Internet Money Ltd. 546 S.W.3d 684 Texas Supreme Court 2018 Four-part test for TCPA commercial speech exception; party asserting exemption bears burden of proving applicability; exception requires conduct arise out of sale of goods/services in a commercial transaction Kassab
68 10 10 Schimmel v. McGregor 438 S.W.3d 847 Tex. App.—Houston [1st Dist.] 2014 The party asserting the commercial speech exemption bears the burden of proving its applicability Kassab
90 16 16 Walker v. Williamson 2016 U.S. Dist. LEXIS 61185 S.D. Miss. 2016 Background of the Federal Court Case involving Pohl, Precision, Walker, and Ladner Kassab
91 16 16 Walker v. Williamson 2017 U.S. Dist. LEXIS 59031 S.D. Miss. 2017 Runners contracted with Pohl to provide marketing services for automobile rollover claims Kassab
92 16 16 Walker v. Williamson 2016 U.S. Dist. LEXIS 76488 S.D. Miss. 2016 Runners procured thousands of BP claims and motor vehicle cases but Pohl did not pay agreed share Kassab
93 16 16 Kassab v. Pohl 612 S.W.3d 571 Tex. App.—Houston [1st Dist.] 2020 First Court of Appeals opinion characterizing Pohl's claims and Kassab's conduct; Runners paid over $5 million in 'barratry pass-through money'; Kassab's conduct arose from commercial transaction involving legal services; intended audience were potential clients with barratry claims Kassab
94 16 16 Tex. Dep't of Parks & Wildlife v. Miranda 133 S.W.3d 217 Texas Supreme Court 2004 Purpose of summary judgment is to eliminate patently unmeritorious claims Kassab
95 16 16 Lujan v. Navistar, Inc. 555 S.W.3d 79 Texas Supreme Court 2018 Traditional summary judgment standard — no genuine issue of material fact and entitlement to judgment as a matter of law Kassab
96 16 16 Maldonado v. Maldonado 556 S.W.3d 407 Tex. App.—Houston [1st Dist.] 2018 Burden shifts to nonmovant to raise genuine issue of material fact Kassab
97 16 16 Ford Motor Co. v. Ridgway 135 S.W.3d 598 Texas Supreme Court 2004 Genuine issue of material fact exists if more than a scintilla of evidence is produced Kassab
98 16 16 Schlumberger Tech. Corp. v. Pasko 544 S.W.3d 830 Texas Supreme Court 2018 Defendant moving for summary judgment on limitations must conclusively establish the defense elements; cause of action accrues when tortious act was committed or facts authorize seeking judicial remedy Kassab
99 16 16 KPMG Peat Marwick v. Harrison Cnty. Hous. Fin. Corp. 988 S.W.2d 746 Texas Supreme Court 1999 Defendant must conclusively prove when cause of action accrued and negate discovery rule Kassab
100 16 16 United Healthcare Servs., Inc. v. First St. Hosp. LP 570 S.W.3d 323 Tex. App.—Houston [1st Dist.] 2018 Cause of action accrues when tortious act was committed and caused injury, or facts come into existence authorizing judicial remedy Kassab
101 16 16 Provident Life & Acc. Ins. Co. v. Knott 128 S.W.3d 211 Texas Supreme Court 2003 Determining accrual date is a question of law Kassab
102 16 16 Burns v. Rochon 190 S.W.3d 263 Tex. App.—Houston [1st Dist.] 2006 Statute of limitations for conversion is two years from date property is allegedly taken Kassab
103 16 16 Agar Corp., Inc. v. Electro Circuits Int'l, LLC 580 S.W.3d 136 Texas Supreme Court 2019 Civil conspiracy limitations follows underlying claims; trade secret and conspiracy claims barred when injury from sale was known more than three years before suit Kassab
104 16 16 Exxon Corp. v. Emerald Oil & Gas Co. 348 S.W.3d 194 Texas Supreme Court 2011 Statute of limitations begins running upon actual knowledge of wrongful injury, even without knowing specific cause, responsible party, full extent, or chances of avoidance Kassab
105 16 16 Comput. Assocs. Int'l Inc. v. Altai, Inc. 918 S.W.2d 453 Texas Supreme Court 1996 Plaintiff need not know he has a cause of action; must only know facts giving rise to the cause of action Kassab
106 16 16 Sw. Energy Prod. Co. v. Berry-Helfand 491 S.W.3d 699 Texas Supreme Court 2016 Trade secret limitations begins when plaintiff should have known facts leading to discovery of misappropriation through reasonable diligence Kassab
107 16 16 Tavana v. GTE Sw. 1999 Tex. App. LEXIS 5365 Tex. App.—Dallas 1999 Suit for trade secret misappropriation barred when plaintiff knew trade secrets had been misappropriated Kassab
108 16 16 Target Strike, Inc. v. Marston & Marston Inc. 524 F. App'x 939 5th Cir. 2013 Trade secret claim barred when defendant's conduct led plaintiff to believe confidential information had been misappropriated Kassab
109 16 16 Barr v. Resolution Tr. Corp. 837 S.W.2d 627 Texas Supreme Court 1992 Res judicata prevents relitigation of claims finally adjudicated and related matters that should have been litigated in prior suit; subsequent suit barred if arising from same subject matter Kassab
110 16 16 Travelers Ins. Co. v. Joachim 315 S.W.3d 860 Texas Supreme Court 2010 Three elements of res judicata: prior final judgment, identity of parties or those in privity, same claims as raised or could have been raised Kassab
111 16 16 Palaxar Grp., LLC v. Williams 2014 U.S. Dist. LEXIS 138533 M.D. Fla. 2014 Conspirators deemed to be in privity for res judicata purposes Kassab
112 16 16 Seenyur v. Coolidge 2018 U.S. Dist. LEXIS 5895 D. Minn. 2018 Members of a conspiracy are deemed under the law to be in privity with each other Kassab
113 16 16 RSM Prod. Corp. v. Freshfields Bruckhaus Deringer US LLP 800 F. Supp. 2d 182 D.D.C. 2011 Conspirators deemed in privity for res judicata purposes Kassab
114 16 16 Madera Production Co. v. Atlantic Richfield Co. 107 S.W.3d 652 Tex. App.—Texarkana 2003 Failure to add new parties to prior federal proceeding involving similar subject matter cannot be remedied by subsequent state court action Kassab
115 16 16 Holloway v. Starnes 840 S.W.2d 14 Tex. App.—Dallas 1992 Res judicata summary judgment affirmed when factual allegations from prior litigation used to support new conspiracy lawsuit Kassab
116 16 16 Youngkin v. Hines 546 S.W.3d 675 Texas Supreme Court 2018 Attorney is immune from liability to nonclients for conduct within scope of representation; inquiry focuses on kind of conduct, not alleged wrongfulness; acquisition of clients and filing lawsuits are protected actions facilitating legal services Kassab
117 16 16 Cantey Hanger, LLP v. Byrd 467 S.W.3d 477 Texas Supreme Court 2015 Attorney conduct may be wrongful but still fall within scope of client representation; immunity not limited to litigation context; conduct after litigation ended still protected Kassab
118 16 16 Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C. 595 S.W.3d 651 Texas Supreme Court 2020 Criminal conduct is not categorically excepted from attorney civil immunity when connected with representing a client Kassab
119 16 16 Highland Capital Mgmt., LP v. Looper Reed & McGraw, P.C. 2016 Tex. App. LEXIS 442 Tex. App.—Dallas 2016 Claims for illegal acquisition and use of stolen proprietary information dismissed on attorney immunity when conduct fell within scope of representation in the lawsuit; characterizing conduct as fraudulent or wrongful is immaterial to immunity evaluation Kassab
120 16 16 Haynes & Boone, LLP v. NFTD, LLC 2021 Tex. LEXIS 423 Texas Supreme Court 2021 Attorney immunity applies to claims based on conduct outside the litigation context Kassab
121 16 16 Santiago v. Mackie Wolf Zientz & Mann, P.C. 2017 Tex. App. LEXIS 2092 Tex. App.—Dallas 2017 Texas courts have noted attorney immunity applies outside of the litigation context Kassab
122 16 16 Sacks v. Hall 2014 Tex. App. LEXIS 12570 Tex. App.—Houston [1st Dist.] 2014 Attorney not liable for filing confidential medical records because it did not constitute action foreign to duties of an attorney Kassab
123 16 16 Bradt v. West 892 S.W.2d 56 Tex. App.—Houston [1st Dist.] 1992 Attorney does not have a right of recovery against another attorney arising from conduct engaged in as part of discharge of duties representing a party Kassab
142 18 18 Ryland Group, Inc. v. Hood 924 S.W.2d 120 Tex. 1996 Conclusory affidavits do not raise fact issues and are incompetent evidence; interested witness's affidavit stating 'estimates' or 'believes' will not support summary judgment Kassab
143 18 18 Stephens v. Precision Drilling Oilfield Servs. Corp. 2013 Tex. App. LEXIS 5700 Tex. App.—Houston [1st Dist.] 2013 Conclusory affidavits do not raise fact issues Kassab
144 18 18 Dolcefino v. Randolph 19 S.W.3d 906 Tex. App.—Houston [14th Dist.] 2000 A conclusory statement does not provide the underlying facts to support the conclusion Kassab
145 18 18 E.I. du Pont de Nemours & Co. v. Shell Oil Co. 259 S.W.3d 800 Tex. App.—Houston [1st Dist.] 2007 An affidavit is conclusory when it expresses a factual inference without stating underlying facts Kassab
146 18 18 Bavishi v. Sterling Air Conditioning, Inc. 2011 Tex. App. LEXIS 6271 Tex. App.—Houston [1st Dist.] 2011 Bare conclusions are not evidence and are not probative of any facts Kassab
147 18 18 In re Cook 597 S.W.3d 589 Tex. App.—Houston [14th Dist.] 2020 A client owns the contents of his or her file — contradicts Pohl's claim to own client file contents Kassab
148 18 18 Game Sys. v. Forbes Hutton Leasing, Inc. 2011 Tex. App. LEXIS 4098 Tex. App.—Fort Worth 2011 Statement that software 'constitutes a trade secret' was conclusory and not proper evidence Kassab
149 18 18 Essex Ins. Co. v. Mason Bros. Constr., Inc. 2004 Tex. App. LEXIS 5740 Tex. App.—Amarillo 2004 Statement that 'it appears' some fact occurred was conclusory Kassab
150 18 18 McIntire v. Ramirez 109 S.W.3d 741 Tex. 2003 Affidavit must be clear, positive and direct Kassab
151 18 18 Trico Techs. v. Montiel 949 S.W.2d 308 Tex. 1997 Interested witness's testimony must be clear, positive, direct, credible, free from contradiction and uncontroverted to establish facts Kassab
152 18 18 Casso v. Brand 776 S.W.2d 551 Tex. 1989 Testimony not meeting requirements of being clear, positive, direct will not support summary judgment Kassab
153 18 18 Laidlaw Waste Sys. v. City of Wilmer 904 S.W.2d 656 Tex. 1995 Witness found not competent to testify when making only conclusory statements (property metes and bounds) Kassab
154 18 18 Humphreys v. Caldwell 888 S.W.2d 469 Tex. 1994 Affidavit must be based on personal knowledge and state that facts are true and correct Kassab
155 18 18 Kerlin v. Arias 274 S.W.3d 666 Tex. 2008 Affidavit did not show how witness could have personal knowledge of particular events Kassab
156 18 18 Radio Station KSCS v. Jennings 750 S.W.2d 760 Tex. 1988 Affidavit did not show how witness became familiar with facts about operation Kassab

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CREATE TABLE citations (
    citation_id INTEGER PRIMARY KEY AUTOINCREMENT,
    filing_id INTEGER REFERENCES filings(filing_id),
    case_name TEXT,
    citation TEXT,
    court TEXT,
    year INTEGER,
    proposition TEXT,
    cited_by TEXT
);