Case Citations
Data license: Public court records
25 rows where cited_by = "Kassab" and filing_id = 34
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cited_by 1
- Kassab · 25 ✖
| citation_id ▼ | filing_id | case_name | citation | court | year | proposition | cited_by |
|---|---|---|---|---|---|---|---|
| 324 | 34 34 | Cheatham v. Pohl | No. 01-20-00046-CV, 2022 Tex. App. LEXIS 6528 | Tex. App.—Houston [1st Dist.] | 2022 | Court reversed summary judgment, finding evidence that Pohl and co-counsel coordinated the barratry scheme, Pohl directly funded solicitation, and directed case runners to solicit clients; same Walker deposition testimony as in this case constituted 'some evidence' | Kassab |
| 325 | 34 34 | Brumfield v. Williamson | 634 S.W.3d 170, 177 | Tex. App.—Houston [1st Dist.] | 2021 | Barratry case dismissed on limitations, not on the merits | Kassab |
| 326 | 34 34 | Gandy v. Williamson | 634 S.W.3d 214 | Tex. App.—Houston [1st Dist.] | 2021 | Barratry case dismissed on limitations, not on the merits | Kassab |
| 327 | 34 34 | Man Engines & Components, Inc. v. Shows | 434 S.W.3d 132, 137 | Tex. | 2014 | An affirmative defense presents a situation where a plaintiff cannot recover even if his claims are true because of some other fact pled as a bar | Kassab |
| 328 | 34 34 | Money Masters, Inc. v. TRW, Inc. | No. 05-98-02017-CV, 2003 Tex. App. LEXIS 622 | Tex. App.—Dallas | 2003 | Justification defense applied outside tortious interference context to anti-trust claims | Kassab |
| 329 | 34 34 | Lamont v. Vaquillas Energy Lopeno, Ltd. | 421 S.W.3d 198, 220 | Tex. App.—San Antonio | 2013 | Texas courts have considered justification defense in relation to theft of trade secrets (seismic map) acquired through improper means | Kassab |
| 330 | 34 34 | Tex. Beef Cattle Co. v. Green | 921 S.W.2d 203, 211 | Tex. | 1996 | Justification can be based on exercise of party's own legal rights or good faith claim to colorable right; when legal right is conclusively established, motive is irrelevant | Kassab |
| 331 | 34 34 | Taylor v. Tolbert | 644 S.W.3d 637, 647 | Tex. | 2022 | Lawyers must be able to pursue legal rights they deem necessary and proper for their clients without the menace of civil liability looming over them | Kassab |
| 332 | 34 34 | Fetter v. Wells Fargo Bank Tex., N.A. | 110 S.W.3d 683, 688 | Tex. App.—Houston [14th Dist.] | 2003 | Injunctive relief is an equitable remedy; one seeking equitable relief must come into court with clean hands | Kassab |
| 333 | 34 34 | Johnson v. Scott | 113 S.W.3d 366, 373 | Tex. App.—Beaumont | 2003 | Motions and arguments of counsel are not evidence | Kassab |
| 334 | 34 34 | Luong v. McAllister | No. 01-17-00198-CV, 2018 Tex. App. LEXIS 5998 | Tex. App.—Houston [1st Dist.] | 2018 | Contract between law firm and non-lawyer to solicit clients in exchange for share of attorney's fees was void due to illegality | Kassab |
| 335 | 34 34 | Plumlee v. Paddock | 832 S.W.2d 757, 760 | Tex. App.—Fort Worth | 1992 | Court refused equitable relief where fee-sharing agreement with attorney constituted unlawful barratry | Kassab |
| 336 | 34 34 | Duncan Litig. Invs., LLC v. Baker, Donelson, Bearman, Caldwell & Berkowitz | No. 4:19-CV-3094, 2022 U.S. Dist. LEXIS 147005 | S.D. Tex. | 2022 | Pohl's own lawyers successfully used the illegality defense to obtain summary judgment on claim by investor who paid attorney money in exchange for share of BP litigation fees | Kassab |
| 337 | 34 34 | Andrew Shebay & Co., P.L.L.C. v. Bishop | 429 S.W.3d 644, 648-49 | Tex. App.—Houston [1st Dist.] | 2013 | If at time of plaintiff's injury he was engaged in illegal act that contributed to the injury, he may not recover | Kassab |
| 338 | 34 34 | Dover v. Baker, Brown, Sharman & Parker | 859 S.W.2d 441, 443, 450-51 | Tex. App.—Houston [1st Dist.] | 1993 | Court denied recovery to plaintiff who sued attorney for malpractice where plaintiff had signed false affidavit on attorney's advice | Kassab |
| 339 | 34 34 | Houston Ice & Brewing Co. v. Sneed | 63 Tex. Civ. App. 17, 21, 132 S.W. 386, 388 | Tex. Civ. App. | 1910 | The wrongdoer 'should not even entertain the hope of indemnity for the offense committed'; one party to illegal sale of alcohol could not sue the other for misrepresentation | Kassab |
| 340 | 34 34 | Timpte Indus. v. Gish | 286 S.W.3d 306, 310 | Tex. | 2009 | No-evidence motion must be specific in challenging evidentiary support; paragraph (i) does not authorize conclusory motions or general no-evidence challenges | Kassab |
| 341 | 34 34 | Dean v. Aurora Bank, F.S.B. | No. 01-15-00827-CV, 2016 Tex. App. LEXIS 13472 | Tex. App.—Houston [1st Dist.] | 2016 | A no-evidence summary judgment is insufficient as a matter of law if the motion is conclusory or fails to challenge a specific essential element | Kassab |
| 342 | 34 34 | Weaver v. Highlands Ins. Co. | 4 S.W.3d 826, 829 n.2 | Tex. App.—Houston [1st Dist.] | 1999 | When a no-evidence motion does not challenge specific elements, it must be treated as a traditional motion under 166a(c), imposing burden on movant | Kassab |
| 343 | 34 34 | Hillis v. McCall | 602 S.W.3d 436, 439-40 | Tex. | 2020 | Traditional summary judgment requires showing no genuine issue of material fact and entitlement to judgment as a matter of law | Kassab |
| 344 | 34 34 | Chavez v. Kansas City S. Ry. Co. | 520 S.W.3d 898, 900 | Tex. | 2017 | When movant has not met his burden, the burden does not shift and non-movant need not respond or present evidence | Kassab |
| 345 | 34 34 | Specialty Retailers, Inc. v. Fuqua | 29 S.W.3d 140, 145 | Tex. App.—Houston [14th Dist.] | 2000 | A party should not be able to abuse the discovery process, withhold key evidence, and then use that lack of evidence to win a judgment | Kassab |
| 346 | 34 34 | McInnis v. Mallia | 261 S.W.3d 197, 204 | Tex. App.—Houston [14th Dist.] | 2008 | The fact that movant withheld information in discovery is a factor weighing in favor of permitting additional time for discovery | Kassab |
| 347 | 34 34 | Tempay, Inc. v. TNT Concrete & Constr., Inc. | 37 S.W.3d 517, 522-23 | Tex. App.—Austin | 2001 | Trial court abused discretion in determining adequate time for discovery had passed because movant successfully resisted nonmovant's attempts to obtain discovery | Kassab |
| 348 | 34 34 | Freezia v. IS Storage Venture, LLC | 474 S.W.3d 379, 386-87 | Tex. App.—Houston [14th Dist.] | 2015 | To establish conversion, plaintiff must show ownership, possession, or entitlement to possession of the property | 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
);