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2 rows where doc_type = "MSJ" and party = "Pohl" sorted by date descending
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| filing_id | date ▲ | doc_type | party | description | doc_type_detail | procedural_posture | chain | outcome | phase | filename | relief_requested | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 46 | 2022-11-30 | MSJ | Pohl | Partial MSJ on Barratry Liability | Plaintiffs' Rule 166(g) Motion on Barratry Liability and Specific Affirmative Defenses Asserted by the Kassab Defendants | Pre-trial motion filed November 30, 2022 by Pohl, five days before the December 5, 2022 trial setting. Seeks legal rulings under Tex. R. Civ. P. 166a(g) to narrow trial issues by: (1) finding barratry is not legally relevant to this lawsuit, and (2) striking 10+ of Kassab's affirmative defenses as barred as a matter of law. | MSJ-3 | N/A | Phase 3 | 2022-11-30_MSJ_Pohl-Partial-MSJ-Barratry-Liability_FILED.pdf | Find that: (1) establishing whether barratry occurred is not legally relevant to this lawsuit; (2) Kassab's affirmative defenses of unlawful acts, illegality, criminal acts, in pari delicto, justification, immunity under Rule 17.09, unclean hands, release, accord and satisfaction, estoppel, subject to a valid contract, assumption of the risk, and contribution are barred as a matter of law | 11/30/2022 8:20 PM Marilyn Burgess - District Clerk Harris County Envelope No. 70589892 By: Deandra Mosley Filed: 11/30/2022 8:20 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et. al § IN THE DISTRICT COURT OF Plaintiffs, § V. § HARRIS COUNTY,k TEXAS § r LANCE CHRISTOPHER § l KASSAB, et. al § § c Defendants. § 189TH JUDrICIAL DISTRICT PLAINTIFFS’ RULE 166(g) MOTION ON BARRATRY LIDABILITY AND SPECIFIC AFFIRMATIVE DEFENSES ASSERTED BY THE KASSAB DEFENDANTS Under Texas Rule of Civil Procedure 166(g), Plaintiffs Michael Pohl and Law Office of Michael A. Pohl PLLC (collectively “Pohl”) file this Motion on the issues of the relevance of barratry liability and the legal viability of specific affirmative defenses asserted by the Kassab defendants (the “Motion”). Pohl requests tahat the Court find Defendants Lance Christopher Kassab and Lance Christopher Kassab P.C.’s (collectively, “Kassab”) theories regarding establishing barratry and certain otheer legal defenses fail as a matter of law. f I. STANDARD Under Texas Rule ofy Civil Procedure 166(g), this Court can decide legal issues at pretrial “to assist in the disposition of the case without undue expense or burden to the parties . . . .” See Tex. R. Civ. P. 166a(g). Allowing this trial to subsume the question of whether Pohl committed barratry, in connfection with clients whose information Kassab later misappropriated, would greatly extend the length of trial, and it would needlessly complicate the issues presented to the jury. A legal determination by this Court that whether barratry did in fact occur is immaterial to Pohl’s claims—whether as a matter of denial or as a defense—would assist in disposing of this case with less undue burden and expense. Furthermore, determining whether certain defenses fail as a matter of law is a set of legal questions the Court can decide to appropriately focus the trial in this case. II. DISCUSSION To prevent “undue expense” and additional “burden to the parties,” and to ensure that trial does not proceed for longer than is necessary, th… |
| 22 | 2021-12-07 | MSJ | Pohl | Pohl’s MSJ on Kassab Counterclaims | Plaintiffs' Motion for Summary Judgment on Defendants' Counterclaims for Civil Barratry | Pohl's dispositive motion seeking traditional summary judgment on Kassab's counterclaims for civil barratry based on 242 assigned claims. Filed December 7, 2021, after Kassab's Fourth Amended Answer. This is the principal motion in the CC-1 chain, which was ultimately granted. Attorney: Jean C. Frizzell of Reynolds Frizzell LLP. | CC-1 | GRANTED | Phase 2 | 2021-12-07_MSJ_Pohl-MSJ-on-Kassab-Counterclaims_FILED.pdf | Grant summary judgment dismissing Kassab's counterclaims for civil barratry | 12/7/2021 4:11 PM Marilyn Burgess - District Clerk Harris County Envelope No. 59800424 By: Ozuqui Quintanilla Filed: 12/7/2021 4:11 PM CAUSE NO. 2018-58419 MICHAEL A. POHL AND LAW OFFICE OF § IN THE DISTRICT COURT OF MICHAEL A. POHL, PLLC, § Plaintiffs, § V. § k § e SCOTT FAVRE and SCOTT M. FAVRE PA, § C l LLC; PRECISION MARKETING GROUP, § HARRIS COUNTY, TEXAS LLC; LANCE CHRISTOPHER KASSAB and § c LANCE CHRISTOPHER KASSAB, P.C. d/b/a § r THE KASSAB LAW FIRM; TINA § s NICHOLSON and BAKER NICHOLSON, § LLP d/b/a BAKER NICHOLSON LAW § s FIRM; and DOUGLAS MONTAGUE III and § s MONTAGUE PITTMAN & VARNADO, P.A., § Defendants. § r189TH JUDICIAL DISTRICT PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS’ COUNTERCLAIMS Plaintiffs Michael Pohl and Law Officae of Michael A. Pohl (collectively “Pohl”) move for summary judgment on the Defendants’ counterclaims for civil barratry. SU e MMARY OF ARGUMENT Defendants Lance Christfopher Kassab and Lance Christopher Kassab, P.C., d/b/a The Kassab Law Firm (collectiveyly “Kassab”) assert counterclaims that have already been adjudicated. Kassab’s clients previoCusly brought these very claims and lost them. Kassab’ counterclaims fail because they are barred by res judicata, they are not revived by the savings provision of the Texas Civil Practice fafnd Remedies Code and are accordingly time-barred, and because the purported assignmeUnts of the claims are invalid and unenforceable. After purchasing Pohl’s stolen client lists and contact information, Kassab solicited Pohl’s clients to bring barratry claims. When courts (including this one) found those barratry claims to be barred by limitations, Kassab obtained purported “assignments” of those claims and asserted them as counterclaims in this action, contending they had been “revived” pursuant to the savings provision of Civil Practices and Remedies Code section 16.069. The statutory requirements of section 16.069 are not met for multiple reasons, and Kassab’s effort to revitalize the stale claims fails. In addition, civil barratry… |
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CREATE TABLE filings (
filing_id INTEGER PRIMARY KEY,
date TEXT,
doc_type TEXT,
party TEXT,
description TEXT,
doc_type_detail TEXT,
procedural_posture TEXT,
chain TEXT,
outcome TEXT,
phase TEXT,
filename TEXT,
relief_requested TEXT,
full_text TEXT
);