Case Citations

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

Data license: Public court records

16 rows where cited_by = "Pohl" and filing_id = 9

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  • Pohl · 16 ✖
citation_id ▼ filing_id case_name citation court year proposition cited_by
30 9 9 In re Lipsky 460 S.W.3d 579 Texas Supreme Court 2015 TCPA is intended to dismiss lawsuits designed to chill First Amendment rights, not to dismiss meritorious lawsuits; prima facie case requires 'minimum quantum of evidence' supporting rational inference allegation is true; pleading showing factual basis for claim is sufficient to resist TCPA motion Pohl
31 9 9 Wayne Dolcefino & Dolcefino Communications, LLC v. Cypress Creek EMS 540 S.W.3d 194 Tex. App.—Houston [1st Dist.] 2017 Courts use a two-step procedure for TCPA dismissal; must view evidence in light most favorable to nonmovant; must show connection between claims and alleged protected conduct Pohl
32 9 9 ExxonMobil Pipeline Co. v. Coleman 512 S.W.3d 895 Texas Supreme Court 2017 Legislature included expedited manner for dismissing claims brought to intimidate or silence defendants' First Amendment rights Pohl
33 9 9 LFMC Enterprises, LLC v. Baker 546 S.W.3d 893 Tex. App.—Houston [1st Dist.] 2018 Movant bears burden of demonstrating TCPA applicability by preponderance of evidence; rights being protected must be the party's own rights, not a third party's; defendant must demonstrate specific connection between claim and protected right Pohl
34 9 9 Hersh v. Tatum 526 S.W.3d 462 Texas Supreme Court 2017 Basis of a legal action is determined by the plaintiff's allegations, not the defendant's admissions or denials; petition is the 'best and all-sufficient evidence of the nature of the action' Pohl
35 9 9 Sloat v. Rathbun 513 S.W.3d 500 Tex. App.—Austin 2015 Courts should not blindly accept defendants' attempts to characterize claims as implicating protected expression; should favor conclusion that claims are not predicated on protected expression; defendant's activities not factually predicate for claims are not pertinent to the inquiry Pohl
36 9 9 Castleman v. Internet Money Ltd. 546 S.W.3d 684 Texas Supreme Court 2018 Four-part test for commercial speech exception: (1) defendant primarily engaged in selling/leasing goods or services, (2) conduct in defendant's capacity as seller, (3) arose out of commercial transaction involving defendant's services, (4) intended audience was actual or potential customers Pohl
37 9 9 Miller Weisbrod, L.L.P. v. Llamas-Soforo 511 S.W.3d 181 Tex. App.—El Paso 2014 Attorney advertising falls within the commercial exception to the TCPA Pohl
38 9 9 NCDR, L.L.C. v. Mauze v. Bagby, P.L.L.C. 745 F.3d 742 U.S. Court of Appeals, Fifth Circuit 2014 Where a lawyer is primarily engaged in selling legal services and the speech arises from the sale of services to actual/potential clients, the solicitation falls outside TCPA protections Pohl
39 9 9 Hicks v. Group & Pension Administrators, Inc. 473 S.W.3d 518 Tex. App.—Corpus Christi 2015 Detailed pleading showing factual basis for claims is sufficient to set forth prima facie case under the TCPA Pohl
40 9 9 In re E.I DuPont de Nemours & Co. 136 S.W.3d 218 Texas Supreme Court 2004 Prima facie case requires 'minimum quantum of evidence necessary to support a rational inference that the allegation of fact is true' Pohl
41 9 9 Stockyards Nat. Bank v. Maples 95 S.W.2d 1300 Tex. Comm'n App. 1936 The petition is the 'best and all-sufficient evidence of the nature of the action' Pohl
42 9 9 Cantey Hanger, LLP v. Byrd 467 S.W.3d 477 Texas Supreme Court 2015 Attorney immunity protects actions taken while representing a client in litigation; Pohl argues Kassab had no clients at time of wrongful conduct Pohl
43 9 9 Mayes v. Stewart 316 S.W.3d 715 Tex. App.—Houston [14th Dist.] 2010 Two-year limitations for conspiracy; Pohl argues limitations has not run because Favre-Kassab Agreement was November 10, 2016 Pohl
44 9 9 Collins v. Collins 2018 WL 1320841 Tex. App.—Houston [1st Dist.] 2018 Distinguished — that case involved claims factually predicated on communications in a judicial proceeding (divorce affidavit), unlike Pohl's claims for conversion of stolen property Pohl
45 9 9 Reeves v. Harbor Am. Cent., Inc. 552 S.W.3d 389 Tex. App.—Houston [14th Dist.] 2018 Distinguished — that case simply held the trial court must conduct a full TCPA analysis rather than summarily concluding TCPA does not apply; Pohl does not deny TCPA analysis is required Pohl

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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
);