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- DENIED · 6 ✖
| filing_id | date ▲ | doc_type | party | description | doc_type_detail | procedural_posture | chain | outcome | phase | filename | relief_requested | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 42 | 2022-10-31 | ORD | Court | Order: FOUR MSJs DENIED | Order Denying All Four Motions for Summary Judgment (Kassab Traditional MSJ, Kassab No-Evidence MSJ, Nicholson Amended Traditional MSJ, and Nicholson/Kassab TUTSA Preemption MSJ) | Court order signed October 31, 2022 by Judge Scot Dollinger and filed November 2, 2022, denying all four pending motions for summary judgment in a single order with no stated reasoning. | MSJ-2 | DENIED | Phase 3 | 2022-10-31_ORD_Denying-Kassab-Trad-and-No-Evid-MSJ_SIGNED.pdf | Filed 22 November 02 A10:22 Marilyn Burgess - District Clerk Harris County Pgs-1 CAUSE NO. 2018-58419 MFSJY POHL, MICHAEL, § IN THE DISTRICT COURT OF Plaintiff(s) § S VS. § HARRIS COUNTY, TEXAS S FAVRE, SCOTT, § 189th JUDICIAL DISTRICT Defendant(s) § “ ORDER & SS Pending is THE KASSAB DEFENDANTS’ _ TRADITIONAL xipnion FOR SUMMARY JUDGMENT filed August 29, 2022. & Motion DENIED. @ GP Pending is THE KASSAB DEFENDANTS’ NO-EYOENCE MOTION FOR SUMMARY JUDGMENT filed August 29, 2022. SS Motion DENIED. Pending is DEFENDANTS TINA NICHOL ( snp BAKER NICHOLSON, LLP D/B/A BAKER NICHOLSON LAW FIRM’S AMENDED TRAD AL MOTION FOR SUMMARY JUDGMENT filed August 29, 2022. ws Motion DENIED. © ® Pending is NICHOLSON b NDANTS AND KASSAB DEFENDANTS’ TRADITIONAL MOTION FOR SUMMARY JUDG, TON TUTSA PREEMPTION filed August 2, 2022. Motion DENIED. -=\ ow Signed October 31, 2022. . It Hulda & Ae) Hon. SCOT DOLLINGER & Judge, 189th District Court & | |
| 30 | 2022-08-29 | MSJ | Kassab | Trad. + No-Evidence MSJ (2nd attempt) | Kassab's Traditional Motion for Summary Judgment — comprehensive 80+ page dispositive motion raising seven independent grounds for dismissal: Rule 17.09 immunity, judicial proceedings privilege, attorney immunity, limitations, conclusive negation of TUTSA (no secrecy and no ownership), illegal acts bar, and improper damages (American Rule) | Phase 3 dispositive motion filed alongside the Seventh Amended Answer. This is Kassab's second MSJ attempt, substantially more detailed than the first. It adopts and incorporates the Nicholson Motion filed August 19, 2022, and presents extensive evidentiary support including 60+ exhibits (depositions, declarations, contracts, financial records, correspondence). Addressed to Judge Scot 'Dolli' Dollinger. | MSJ-2 | DENIED | Phase 3 | 2022-08-29_MSJ_Kassab-Trad-and-No-Evid-MSJ_FILED.pdf | Grant traditional summary judgment dismissing all of Pohl's claims against Kassab; order that Pohl take nothing | 8/29/2022 5:07 PM Marilyn Burgess - District Clerk Harris County Envelope No. 67771690 By: Ashley Lopez Filed: 8/29/2022 5:07 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 THE KASSAB DEFENDANTS’ TRADITIONACL MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE SCOT “DOLLI” DOLLINGEtR: Defendants Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm file this, their Traeditional Motion for Summary Judgment, and would respectfully show the follouwing. SUMMARY Pohl committed illegal and uneathical barratry and he wants Kassab, who brought the barratry litigation and grievances against Pohl, to pay for Pohl’s barratry defense costs. But Pohel’s claims against Kassab are barred as a matter of law because: f • Pohl’s claims are predicated on Kassab’s filing of a grievance against Pohl for whicoh Kassab has absolute and unqualified immunity pursuant to Rule 17.09 of the Texas Rules of Disciplinary Procedure. • Pohl’s claiims against Kassab are barred by the judicial proceedings privilegie because they arise out of communications that Kassab made in proospective (solicitation letters) and actual judicial proceedings (the barratry litigation and grievance process) and Pohl seeks defamation- like damages including loss of reputation to his law firm and defense costs incurred because of the statements that Kassab made. • Pohl’s claims against Kassab are barred by attorney immunity. Under the doctrine of attorney immunity, an attorney does not have a right of recovery, under any cause of action, against another attorney arising from conduct the second attorney engaged in as part of the discharge of his duties in representing a party. • Pohl’s claims are barred by limitations because they accrued in 2014 and Pohl did not file suit until more than three years later. • Pohl’s claims are conclusively negated. Pohl’s TUTSA claim is conclusively negated because his alleged trade secrets weere not ac… |
| 19 | 2021-08-03 | ORD | Court | Order: Kassab’s Traditional MSJ DENIED | Order Denying Kassab's Traditional Motion for Summary Judgment | Court ruling on Kassab's dispositive Traditional Motion for Summary Judgment. Denied in full in a brief one-page order with no stated reasoning. Allows Pohl's claims against Kassab to proceed to further litigation. | MSJ-1 | DENIED | Phase 2 | 2021-08-03_ORD_Denying-Kassab-Traditional-MSJ_SIGNED.pdf | Pohl v. Favre District Court of Texas, 189th Judicial District, Harris County August 3, 2021, Decided; August 3, 2021, Filed CAUSE NO. 2018-58419 Reporter 2021 Tex. Dist. LEXIS 5999 * POHL, MICHAEL, Plaintiff(s) v. FAVRE, SCOTT, Defendant(s) Judges: [*1] Hon. SCOT DOLLINGER, Judge, 189th District Court. Opinion by: SCOT DOLLINGER Opinion ORDER Pending is LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER KASSAB, PC'S TRADITIONAL MOTION FOR SUMMARY JUDGMENT. Motion DENIED. Signed August 3, 2021. /s/ Scot Dollinger Hon. SCOT DOLLINGER Judge, 189th District Court End of Document | |
| 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… |
| 13 | 2018-11-19 | MTD | Kassab | Supplemental TCPA Motion to Dismiss | Kassab's Supplement to TCPA Motion to Dismiss incorporating Favre co-defendants' statute of limitations arguments | Filed November 19, 2018 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. Supplemental briefing filed in support of Kassab's original TCPA Motion to Dismiss (filed October 24, 2018). Incorporates arguments from co-defendant Favre's separately filed TCPA motion. Addressed to the Honorable Judge Bill Burke. | TCPA-1 | DENIED | Phase 1 | 2018-11-19_MTD_Kassab-Supp-TCPA_FILED.pdf | Dismissal of Pohl's claims with prejudice; attorney's fees as previously requested in Kassab's original Motion to Dismiss; sanctions of a minimum of $50,000 against Pohl and his counsel Frizzell to deter future frivolous and retaliatory filings | 11/19/2018 10:48 AM Chris Daniel - District Clerk Harris County Envelope No. 29125236 By: ARIONNE MCNEAL Filed: 11/19/2018 10:48 AM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIAkL DISTRICT DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHlRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S SUPPLEMENT TO MOTION TO DISMISS PURSUANT TO THE TEXAS CITIZENS PARTICcIPATION ACT TO THE HONORABLE JUDGE BILL BURKE: s Defendants/Counter-Plaintiffs Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm (Kassab) files this, their Supplement to Motion to Dismiss Pursuant to the Texas Citizens Participation Act set forth in Chapter 27 of the Texas Civil Practice and Remedies Code. This is a retaliatory lawsuit filed by Plaintiff, Michael A. Pohl and his law firm, Law Office of Michael A. Pohl, PLLC (“ePohl”) that is based on, related to, and in response to the rights to free speech, petition andf association, and should therefore be dismissed pursuant to the Texas Citizens Participationy Act (the “TCPA”). Additionally, Pohl’s claims must be dismissed pursuant to Chapter 2C7 of the Texas Civil Practice and Remedies Code because, even if Pohl could establish a parima facie case on each element of each of his causes of action, the TCPA provides that thfe trial court must still dismiss his claims if, based upon a preponderance of the evidence,U each essential element of a valid defense is established. TEX. CIV. PRAC. & REM. CODE, § 27.005(d). Kassab files this supplement to Kassab’s Motion to Dismiss simply to incorporate the arguments and Exhibits outlined in paragraphs 35 through 42 of Scott Favre, Scott M. Favre Public Adjuster, LLC and Precision Marketing Group, LLC’s Motion to Dismiss. The arguments and Exhibits clearly show that Pohl’s claims were filed far beyond the statute of limitations. Thus, not only is there a preponderance of the evidence establishing each essential element of a statute of limitations … |
| 7 | 2018-10-24 | MTD | Kassab | TCPA Motion to Dismiss | Kassab's Motion to Dismiss Pursuant to the Texas Citizens Participation Act (Anti-SLAPP), filed October 24, 2018 | Filed simultaneously with Kassab's First Amended Answer on October 24, 2018, before Judge Bill Burke, 189th Judicial District. This is an early dispositive motion seeking dismissal of all of Pohl's claims under the TCPA's anti-SLAPP framework. The motion was ultimately denied. | TCPA-1 | DENIED | Phase 1 | 2018-10-24_MTD_Kassab-TCPA_FILED.pdf | Dismiss all of Pohl's claims under the TCPA; award Kassab $36,750 in attorney's fees ($31,500 for Kassab at $450/hr for 70 hours, $5,250 for associate at $350/hr for 15 hours); conditional appellate fees totaling $90,000; and sanctions of at least $50,000 against Pohl and his counsel Reynolds Frizzell | 10/24/2018 2:11 PM Chris Daniel - District Clerk Harris County Envelope No. 28523758 By: ARIONNE MCNEAL Filed: 10/24/2018 2:11 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIAkL DISTRICT DEFENDANTS LANCE CHRISTOPHER KASSAB AND LANCE CHlRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S MOTION TO DISMISS PURSUANT TO THE TEXAS CITIZENS PARTICIPATION AcCT TO THE HONORABLE JUDGE BILL BURKE: s Defendants/Counter-Plaintiffs Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm files this, their Motion to Dismiss Pursuant to the Texas Citizens Participation Act set forth in Chapter 27 of the Texas Civil Practice and Remedies Code. SUMMlARY This is a retaliatory lawsuit filed bMy Plaintiff, Michael A. Pohl and his law firm, Law Office of Michael A. Pohl, PLLC (“Poohl”) that is based on, related to, and in response to the rights to free speech, petition and association, and should therefore be dismissed pursuant to the Texas Citizens Participation Act (the “TCPA”). Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm (“Kassab”) represent more than 400 clients who were illegally and unethically personally solicited to hire Pohl for representation of them in claimcs stemming from catastrophic auto accidents or the BP Deepwater Horizon litigation. Kassab filed four separate lawsuits against Pohl on behalf of these clients alleging claims for civil barratry. In addition, Kassab filed and initiated several grievance proceedings on behalf of these clients, causing the State Bar of Texas to investigate the alleged barratry, which is prohibited by the Texas Disciplinary Rules of Professional Conduct and the Texas Penal Code. In response, Pohl filed this lawsuit against Kassab, alleging claims of conversion, theft of trade secrets and civil conspiracy, claiming Kassab conspired with others to steal Pohl’s property and solicit his former clients or prospective clients… |
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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
);