Court Filings
Data license: Public court records
1 row where doc_type = "OBJ" and phase = "Phase 5" 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 59 | 2023-09-15 | OBJ | Kassab | Objection to proposed final judgment | Kassab's Objections to Pohl's Proposed Final Judgment, challenging exemplary damages, recoverability of attorneys' fees as actual damages, double recovery of unjust enrichment and market value, joint and several liability based on conspiracy, and indirect misappropriation theory | Filed September 15, 2023 in the 281st Judicial District Court, Harris County, Cause No. 2018-58419. Filed 10 days after Pohl's Motion for Entry of Final Judgment, objecting to specific elements of the proposed judgment while reserving right to file subsequent motions challenging jury findings on other grounds. New appellate counsel Kevin Dubose (Alexander Dubose & Jefferson LLP) appears for Kassab. | JDGMT-1 | N/A | Phase 5 | 2023-09-15_OBJ_Kassab-Objection-to-Pohl-Proposed-Final-Judgment_FILED.pdf | That the Court refrain from signing Pohl's proposed final judgment and exclude: (1) exemplary damages ($3,000,000) due to non-unanimous Q17 finding, (2) attorneys' fees from barratry cases and grievances as actual damages, (3) one of the duplicative damage measures ($250,000 market value or $200,000 development costs), (4) joint and several liability based on conspiracy, and (5) all damages given Precision's exoneration breaking the indirect misappropriation chain | 9/15/2023 1:38 PM Marilyn Burgess - District Clerk Harris County Envelope No. 79605741 By: Patricia Gonzalez Filed: 9/15/2023 1:38 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS § k § e SCOTT FAVRE, et al § 281st JUDICCIAL DISTRICT KASSAB’S OBJECTIONS TO POHL’S PROPOSED FINAL JUDGMEtNT Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm (“Kassab”) file these Objection teo the proposed Final Judgment submitted by Plaintiffs Michael Pohl and uLaw Office of Michael A. Pohl PLLC’(“Pohl”). INTRODUCTIOaN AND OVERVIEW Kassab will file subsequent motions challenging the jury findings against him on various grounds. But this filineg will be limited to objecting to elements of recovery in Pohl’s proposed judgmenft that are legally insupportable, even with these jury findings. Specifically: • The judgment should not include exemplary damages because one of the predicate ifindings for exemplary damages was not answered by the jury unanoimously. • The judgment should not include as actual damages attorney’s fees incurred by Pohl in actions against him by former clients and rejected potential clients who were victims of Pohl’s barratry. Attorney’s fees are not an element of recoverable damages under TUTSA. • The judgment should not include actual damages for both unjust enrichment of Kassab and the fair market value of the alleged trade secret misappropriated from Pohl because they are two impermissibly overlapping versions of the same loss. Pohl should have to elect one of those remedies rather than being awarded a double recovery. C • The judgment should not include joint and several liabili i ty under a conspiracy theory because conspiracy is pre-empted under TUTiSA or subject to Chapter 33’s proportionate responsibility scheme. • The judgment should not include any actual damages for theft of trade secrets because of the jury’s findings that Precision did not misappropriate trade secrets. Because Kassab acquired Plohl’s alleged trade se… |
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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
);