Court Filings
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2 rows where doc_type = "MSJ" and phase = "Phase 2" 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 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… |
| 16 | 2021-06-08 | MSJ | Kassab | Kassab’s Traditional MSJ | Kassab's Traditional Motion for Summary Judgment asserting three independent grounds: statute of limitations, res judicata, and attorney immunity doctrine | Filed June 8, 2021 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. Dispositive motion filed in Phase 2, approximately 2.5 years after the original petition. Filed before Kassab responded to any discovery, relying on traditional summary judgment rule permitting filing 'at any time after the adverse party has appeared or answered.' Relies on arguments and evidence previously presented in the TCPA motion and interlocutory appeal. Case is before Judge Scot 'Dolli' Dollinger. District Clerk is now Marilyn Burgess. | MSJ-1 | DENIED | Phase 2 | 2021-06-08_MSJ_Kassab-Traditional-MSJ_FILED.pdf | Traditional summary judgment ordering that Pohl take nothing on all claims against Kassab and The Kassab Law Firm | 6/8/2021 2:44 PM Marilyn Burgess - District Clerk Harris County Envelope No. 54215119 By: Ozuqui Quintanilla Filed: 6/8/2021 2:44 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIALk DISTRICT LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPCHER KASSAB, PC’S TRADITIONAL MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE SCOT “DOLLI” DOLLINGEtR: Defendants/Counter-Plaintiffs Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Feirm files this, their Traditional Motion for Summary Judgment, and would respeuctfully show the following. SUMMlARY Plaintiffs Michael A. Pohl andM Law Office of Michael A. Pohl, PLLC (“Pohl”) sued Defendants Lance Christopher Kassab and Lance Christopher Kassab, P.C. D/B/A The Kassab Law Firmi (“Kassab”) and others for conversion, theft of trade secrets and civil conspiracy. The Court should grant summary judgment on Pohl’s claims against Kassabo for any one of three independent reasons: • First, Polhl’s claims are barred by limitations. Pohl testified that discoveiry in federal litigation filed in 2014 revealed that his alleged tradei secrets and confidential information had been stolen from his ofofice in Gulfport, Mississippi. Pohl testified that Kassab was involved in that alleged misappropriation that occurred in 2014, and that he knew it, but he did not file suit because he “did not want to do anything precipitous.” Because Pohl waited more than three years later to bring his claims against Kassab, the claims are barred by limitations. • Second, the claims are barred by res judicata. Pohl previously brought similar claims against alleged co-conspirators in Mississippi federal litigation, wherein Pohl contends that Kassab allegedly purchased his stolen trade secrets. Yet, Pohl never brought Kassab into that lawsuit and instead paid approximately $1 million to settle the dispute against Kassab’s alleged co- conspirators resulting in a final judgment. Pohl’s claims against Kassab… |
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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
);