Court Filings
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11 rows where outcome = "N/A", party = "Kassab" and phase = "Phase 3" 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 |
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| 45 | 2022-11-22 | MTN | Kassab | 2nd Supp. Motion to Designate RTP | Kassab Defendants' Second Supplemental Motion to Designate Responsible Third Parties (Adding Scott Favre and Precision Marketing Group, LLC) | Filed November 22, 2022 before Judge Scot Dollinger, 189th Judicial District, Harris County, Texas. Filed 13 days before the December 5, 2022 trial date, after Pohl dismissed Favre and Precision as defendants on November 21, 2022. Kassab seeks good cause to designate newly dismissed parties as responsible third parties within 60 days of trial. | RTP-1 | N/A | Phase 3 | 2022-11-22_MTN_Kassab-2nd-Supp-Mtn-to-Designate-RTP_FILED.pdf | Grant leave to designate Favre and Precision Marketing Group, LLC as additional responsible third parties, in addition to the eight individuals from prior supplemental motion, plus all other relief in law or equity | 11/22/2022 3:51 PM Marilyn Burgess - District Clerk Harris County Envelope No. 70416484 By: Ashley Lopez Filed: 11/22/2022 3:51 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 LAlNCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S SECOND SUPPLEMENTAL MOTION TO DESIGNATE RcESPONSIBLE THIRD PARTIES r TO THE HONORABLE JUDGE SCOT DOLLINGER: D Defendants, Lance Christopher Kassab and Lance Chsristopher Kassab, P.C. D/B/A The Kassab Law Firm (“Kassab”), and file this, their Secornd Supplemental Motion to Designate Responsible Third Parties. REQUEaSTED RELIEF 1. Kassab files this Second Supplemental Motion to Designate Responsible Third Parties to add Scott Favre (Favre) aned Precision Marketing Group, LLC (Precision) as additional third parties. Favre and Precisionf were defendants in this lawsuit until Plaintiffs dismissed them on November 21, 2022, jusyt 14 days prior to trail. Thus, Favre and Precision are no longer parties to this suit. ThCus, there is good cause for designating Favre and Precision as responsible Third Parties withina 60 days of trial due to the timing of Plaintiffs nonsuit of these parties. 2. Ffavre and Precision are central to this litigation as they purchased all of the material Uand documents, which are the subject of Plaintiffs’ complaints, from Walker, Ladner and Seymour, who previously owned Precision. Favre and Precision then gave some of the material and documents to Kassab to notify Precision’s clients regarding Pohl’s illegal conduct and potential claims they may have against Pohl. Thus, Favre and Pohl are central to this litigation and are subject to potential third party liability, if there is liability at all. 3. Favre and Precision are outside of the subpoena power of this court. Although Kassab has attempted to depose Favre and Precision for more than a year, Kassab has been unsuccessful due to no fault of Kassab. Now that Plaintiffs have … |
| 44 | 2022-11-15 | MTN | Kassab | 1st Supp. Motion to Designate RTP | Kassab Defendants' Supplemental Motion to Designate Responsible Third Parties (Shepherd, Walker, Seymour, Ladner, Dona Pohl, Jaimes, Talley, Santana) | Filed November 15, 2022 before Judge Scot Dollinger, 189th Judicial District, Harris County, Texas. Kassab's original RTP motion was filed May 13, 2022 (more than 60 days before the October 10, 2022 trial setting). Pohl objected May 30, 2022. Court denied the original motion on October 31, 2022 but gave Kassab an opportunity to replead. Trial reset to December 5, 2022. | RTP-1 | N/A | Phase 3 | 2022-11-15_MTN_Kassab-Supp-Mtn-to-Designate-RTP_FILED.pdf | Grant the Kassab Defendants' Amended Motion to Designate Responsible Third Parties (George W. (Billy) Shepherd, Scott Walker, Steve Seymour, Kirk Ladner, Dona Pohl, Edgar Jaimes, Ken Talley, Magdalena Santana) and grant all other relief in law or equity | 11/15/2022 1:31 PM Marilyn Burgess - District Clerk Harris County Envelope No. 70189306 By: Deandra Mosley Filed: 11/15/2022 1:31 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 LAlNCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S SUPPLEMENTAL MOTION TO DESIGNATE RESPONSIBLEc THIRD PARTIES TO THE HONORABLE JUDGE SCOT DOLLINGER: s Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. D/B/A The Kassab Law Firm (“Kassab”), and file this, their Amended Motion to Designate Responsible Third Parties. REQUESTElD RELIEF 1. Kassab seeks to designate GMeorge W. (Billy) Shepherd (Shepherd), Scott Walker (Walker), Steve Seymour (Seymour) oand Kirk Ladner (Ladner), Dona Pohl (Dona), Edgar Jaimes (Jaimes), Ken Talley (Talley), Magdalena Santana (Santana) as responsible third parties in this litigation. Shepherd, Walker, Seymour, Ladner, Dona, Jaimes, Talley and Santana are all persons who are alleged to have caused or contributed to causing in any way the harm for which recovery of damages by Pohl is sought. Thus, they are all responsible third parties in this cause. TEX. CIV. PRAC. &c REM. CODE § 33.011(6). U FACTS 2. Pohl is a lawyer who commits barratry and has prayed on the less fortunate to earn a living. On October 18, 2014, three Mississippi residents, Scott Walker (“Walker”), Kirk Ladner (“Ladner”) and Steve Seymour (“Seymour”), and their related entities, including Precision Marketing Group, LLC (“Precision”), filed suit against Michael Pohl (“Pohl”) and others in Mississippi federal court (the “Mississippi Litigation”). There, Precision, Walker, Ladner and Seymour alleged that: (1) they had a joint venture with Pohl to sign up clients with economic loss claims stemming from the BP Deepwater Horizon oil spill and clients with personal injury claims; (2) that they successfully obtained these clients for Pohkl; and (3) that Pohl breached their agreement by … |
| 43 | 2022-11-14 | OA | Kassab | 8th Amended Answer (final) | Kassab Defendants' Eighth Amended Answer, Affirmative Defenses and Counterclaim (Final Pre-Trial Pleading) | Filed November 14, 2022 in Cause No. 2018-58419, 189th Judicial District, Harris County, Texas. This is Kassab's final amended answer asserting 23 affirmative defenses, responsible third-party designations (8 individuals), and a counterclaim for civil barratry based on assigned claims from 242 claimants. Filed approximately three weeks before the December 5, 2022 trial setting, after all four MSJs were denied on October 31, 2022. | PLEAD-1 | N/A | Phase 3 | 2022-11-14_OA_Kassab-8th-Amended-Answer-CC_FILED.pdf | That Pohl recover nothing on his claims; that Kassab recover on counterclaims including (i) actual and consequential damages, (ii) statutory damages, (iii) pre- and post-judgment interest, (iv) attorneys' fees and costs, and (v) all other appropriate relief | 11/14/2022 3:25 PM Marilyn Burgess - District Clerk Harris County Envelope No. 70152760 By: Deandra Mosley Filed: 11/14/2022 3:25 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIArL DISTRICT DEFENDANTS, LANCE CHRISTOPHER KASSAB AtND LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAWi FIRM’S EIGHTH AMENDED ANSWER, AFFIRMATIVE DEFENSES ANsD COUNTERCLAIM TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm and files this their Eighth Amended Answer, Affirmative Defenses, and Counterclaim, and would respectfully show the Court as follows; a f I RULE 47 STATEMENT 1. The Kassab Deffendants, in their capacity as Counter-Plaintiffs, seek monetary relief of more than $1,000,000.00. C II l PARTIES 2. Plaiintiff, Michael A. Pohl is an individual lawyer residing in Colorado and is a paroty herein. 3. Plaintiff, Law Offices of Michael A. Pohl is a law firm set up for the practice of law in various states of the union, including Texas and is a party herein. 4. Defendant, Scott Favre is a nonresident individual residing in Mississippi and is a party herein. 5. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in Mississippi and is a party herein. 6. Defendant, Precision Marketing Group, LLC is a nonresident limited liability company located in Mississippi and is a party herein. k 7. Defendant, F. Douglas Montague III is a nonresident iCndividual residing in Mississippi. 8. Defendant, Montague, Pittman & Varnadoi, PA is a nonresident professional association located in Mississippi. 9. Defendant, Tina Nicholson is an individual residing in Texas and is a party herein. 10. Defendant, Baker Nicholson, lLLP, d/b/a Baker Nicholson Law Firm is a limited liability partnership located inM Texas and is a party herein. 11. Defendant, Counter-Plaintiff, Lance Christopher Kassab is an individual residing in Texas anid is a … |
| 40 | 2022-09-19 | OBJ | Kassab | Objection to Pohl’s MSJ evidence | Defendants' Objections to Plaintiffs' Summary Judgment Evidence — joint filing by Kassab and Nicholson Defendants challenging admissibility of Pohl's summary judgment evidence including the Pohl Declaration (paragraphs 4, 6, 10-18, 20-32) and numerous exhibits, with additional deposition testimony offered under Rule 107 | Evidentiary objections filed September 19, 2022 at 8:16 AM by Kassab and Nicholson defendants jointly, on the morning of the summary judgment hearing. Challenges admissibility of Pohl's September 12, 2022 declaration and exhibits attached to both the traditional and no-evidence MSJ responses. Attaches complete depositions of Ladner, Seymour, and Walker under Rule 107. Addressed to Judge Scot 'Dolli' Dollinger. | MSJ-3 | N/A | Phase 3 | 2022-09-19_OBJ_Kassab-Objection-to-Pohl-MSJ-Evidence_FILED.pdf | Sustain all objections, strike objectionable portions of Pohl Declaration and exhibits, and grant summary judgment for Kassab and Nicholson defendants | 9/19/2022 8:16 AM Marilyn Burgess - District Clerk Harris County Envelope No. 68367189 By: Deandra Mosley Filed: 9/19/2022 8:16 AM 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 DEFENDANTS’ OBJECTIONS TO C PLAINTIFFS’ SUMMARY JUDGMENT EVIDENCE TO THE HONORABLE JUDGE SCOT “DOLLI” DOLLINGEtR: Defendants Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm (“the Kassab Defendeants”) and Tina Nicholson and Baker Nicholson, LLP (“Nicholson”) (both sets ouf Defendants collectively referred to as “Defendants”) file this, their Objections to Plaintiffs’ Summary Judgment Evidence, and would respectfully show athe following. OBJECTIONS TO POHL’S EVIDENCE IN RESPONSE TO TRADITIONAL MSJ Plaintiffs Michael A. Pohel and Law Office of Michael A. Pohl, PLLC (“Pohl”) attached to his summary judfgment responses as Exhibit A a declaration from Pohl dated September 12, 2022 with exhibits (“Pohl Declaration”). Defendants object to the following statements or paragraphs in the Pohl Declaration for the following reasons: i Paoragraph/Statement Objection/Basis ¶ 4 – “During the period that I Conclusory. Unsupported by factual or maintained office space in Mississippi, I legal basis. shared that space only with contractors and employees whom I employed full time and were treated for privilege and confidentiality purposes as functional employees of my law firm. ¶ 6 – “I was informed that Maxwell- Hearsay. Walker had retained Mississippi attorneys to advise it and confirm that its agreement with me as well as the public relations and marketing services it was anticipated to provide under the agreement were in compliance with Mississippi law.” e ¶ 10 – “Precision represented to me that Conclusory. Hearstay. Vague and their independent attorney or attorneys ambiguous as to whio at “Precision” made had reviewed and approved each of the alleged represtentations so this contracts I signed with them. In fact, inter… |
| 33 | 2022-09-12 | DECL | Kassab | Lance Kassab’s declaration | Declaration of Lance Christopher Kassab in support of Traditional Motion for Summary Judgment and Response to Pohl's MSJ — sworn testimony under penalty of perjury establishing Kassab's professional background, the joint venture with Montague and Nicholson, the source of client information from Precision Marketing, the four barratry lawsuits and their outcomes, and assertion of work product and attorney-client privilege over communications | Phase 3 evidentiary filing supporting Kassab's MSJ (Filing #30) and his Response to Pohl's No-Evidence MSJ (Filing #34). This is a sworn declaration under penalty of perjury providing foundational facts for Kassab's immunity and justification defenses. Filed September 12, 2022. | MSJ-2 | N/A | Phase 3 | 2022-09-12_DECL_Lance-Kassab-Declaration_FILED.pdf | 9/12/2022 3:28:03 PM Marilyn Burgess - District Clerk Harris County Envelope No: 68168171 By: LOPEZ, ASHLEY V Filed: 9/12/2022 3:28:03 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT § § V. § OF HARRIS COUNTY, TEXAS ae SCOTT FAVRE, et al § 189th SUDIGIAL DISTRICT DECLARATION OF LANCE CHRISTOPHER KASSAB 1. My name is Lance Christopher Kassab. My date of. ~ is March 12, 1961. My business address is 1214 Elgin Street, H on, Texas 77004. I am of sound mind and have never been conWicted of a felony or misdemeanor involving moral turpitude anda erwise competent to make this declaration. I declare under pe y of perjury that the statements of fact made herein are within personal knowledge and true and correct. 6) 2. Iam an attorney licensed to practice:iaie in the State of Texas. I have been licensed to practice law by theState of Texas since 1995 and I am in good standing. I graduated a a school with honors and was editor-in-chief of Law Review also licensed to practice before the United States Supreme Court, the United States Fifth Circuit Court of Appeals and the United States District Court of Texas, Southern, Eastern and Western Dagens. I was formerly a Briefing Attorney for the First Judicial Disc ourt of Appeals in Houston, Texas and Iam a former intern for Texas Supreme Court and the First Judicial District Court of Appeals. pp ©) 3. For more thaw twenty-five (25) years I have been in private practice handling complex legal malpractice cases. I have been involved in and/or handled appvoximately 2,300 legal malpractice cases and have been alee numerous appeals regarding numerous legal malpractice issues Th e vast majority of these cases have been on the Plaintiff's side. Ho I have also handled the defense of legal malpractice cases. I have. andled cases for clients all over Texas and in numerous other states within the Union such as California, Utah, Nevada, Oregon, Idaho, Arkansas, Colorado, Virginia, Alabama, Louisiana, Florida and Mississippi. 4. I am the owner of Lance Christopher K… | |
| 34 | 2022-09-12 | RSP | Kassab | Kassab’s response to Pohl no-evid MSJ | Kassab's Response to Pohl's Motion for Partial Traditional and No-Evidence Summary Judgment on Affirmative Defenses — opposes Pohl's attempt to eliminate Kassab's affirmative defenses of justification, unclean hands, illegality, unlawful acts, criminal acts, and in pari delicto, and challenges Pohl's global no-evidence motion as procedurally defective under Timpte Industries v. Gish | Phase 3 response brief filed September 12, 2022 (same day as Kassab's declaration, Filing #33). Responds to Pohl's motion seeking to eliminate Kassab's key affirmative defenses before trial. Incorporates by reference Kassab's own MSJs (June 8, 2021 and August 29, 2022, i.e. Filing #30), the Nicholson MSJ (August 19, 2022), and Nicholson's response to Pohl's motion (September 12, 2022). Addressed to Judge Scot 'Dolli' Dollinger. | MSJ-3 | N/A | Phase 3 | 2022-09-12_RSP_Kassab-Response-to-Pohl-No-Evid-MSJ_FILED.pdf | Deny Pohl's Motion for Partial Traditional and No-Evidence Summary Judgment on Affirmative Defenses; alternatively, grant continuance under Rule 166a(g) to allow completion of discovery on illegality defense; grant summary judgment against Plaintiffs ordering they take nothing on their claims against Kassab | 9/12/2022 6:16 PM Marilyn Burgess - District Clerk Harris County Envelope No. 68179652 By: Deandra Mosley Filed: 9/12/2022 6:16 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’ RESPONSE TO PLAINTIFFSC’ MOTION FOR PARTIAL TRADITIONAL AND NO-EVIDENCE 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 (“Kassab”) file this, theeir Response to Plaintiffs’ Motion for Partial Traditional and No-Evidence Suummary Judgment on Affirmative Defenses,1 and would respectfully show the following. INTRaODUCTION Pohl2 committed illegal and unethical barratry and he wants Kassab, who brought the barratry litigation aend grievances against Pohl on behalf of more than four hundred (400) of Pohl’fs illegally solicited clients, to pay for Pohl’s barratry defense costs. But Pohl’s claims are barred for several reasons, including based on several affirmative defenses. Pohl has filed the instant Motion, seeking partial traditional summiary judgment on the affirmative defenses of justification, unclean hands, illegoality, and unlawful acts. However, Pohl has not negated those defenses as a matter of law. As to the other defenses, Pohl attempts to dispose of them through a global and conclusory no-evidence challenge, which is insufficient. 1 The self-serving title of the pleading is “Plaintiffs’ Motion for Partial Summary Judgment on Defendants’ Affirmative Defenses that Seek to Relitigate Failed Barratry Claims Against Plaintiffs and No-Evidence Motion on the Remaining Affirmative Defenses.” 2 This refers collectively to Plaintiffs Michael A. Pohl and Law Office of Michael A. Pohl, PLLC. Regardless, Kassab can demonstrate, either here or in incorporated summary judgment briefing, that each of the defenses applicable to him apply, and that evidence supports each of them. Accordingly, the Motion should be in a… |
| 32 | 2022-09-06 | MTA | Kassab | Motion to Abate Trial | Kassab's Motion to Abate Trial Setting pending resolution of the related Cheatham v. Pohl barratry case, which was reversed on appeal August 30, 2022 and remanded for further proceedings | Phase 3 procedural motion filed one week after the Traditional MSJ and Seventh Amended Answer. Kassab argues trial should be abated because the still-pending Cheatham case will determine the full extent of Pohl's alleged damages and may establish Pohl's barratry, which would bar his claims entirely. Addressed to Judge Scot 'Dolli' Dollinger. Counsel for Plaintiffs (Jean Frizzell) opposed. | MTA-1 | N/A | Phase 3 | 2022-09-06_MTA_Kassab-Mtn-to-Abate-Trial_FILED.pdf | Abate the trial setting in this case pending the resolution of the Cheatham v. Pohl barratry case | 9/6/2022 8:41 AM Marilyn Burgess - District Clerk Harris County Envelope No. 67958716 By: Deandra Mosley Filed: 9/6/2022 8:41 AM 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’ MOTION TO ABATE TRIACL SETTING TO THE HONORABLE JUDGE SCOT “DOLLI” DOLLINGER: Defendants/Counter-Plaintiffs Lance Christopheir Kassab and Lance Christopher Kassab, P.C. d/b/a/ The Kassab Law Firm files this, Motion to Abate Trial Setting, and would respectfully show the following. BACKGROUND Lance Kassab and his firm were hlired by more than 400 of Michael Pohl’s former clients to sue Pohl and othersM for barratry – the illegal solicitation of clients. Kassab v. Pohl, 612 S.W.3d 571, 575 (Tex. App.—Houston [1st Dist.] 2020, pet. denied). Kassab field four sieparate lawsuits against Pohl, two of which Pohl successfully dismissed on limitations. See Brumfield v. Williamson, 634 S.W.3d 170, 177 (Tex. App.—Houoston [1st Dist.] 2021, pet. denied) and Gandy v. Williamson, 634 S.W.3d 214 (Tlex. App.—Houston [1st Dist.] 2021, pet. denied). Another of the cases settled, iwith Pohl paying a substantial sum of money to Kassab and his clients. The fourth case – the Cheatham case – was dismissed by the trial court but recently reversed by the Houston Court of Appeals and remanded for further proceedings. See Cheatham v. Pohl, No. 01-20-00046-CV, 2022 Tex. App. LEXIS 6528, at *1 (Tex. App.—Houston [1st Dist.] Aug. 30, 2022, no pet. h.). In retaliation, Pohl filed this litigation against Kassab and others, alleging specious claims for conversion and misappropriation of trade secrets.1 Specifically, Pohl alleges that the runners he hired to commit the barratry “gained access to [Pohl’s] confidential and proprietary information and property, inckluding trade secret materials” and “work product” and “illegally misapCpropriated” that information and then allegedly “secretly sold [it] to Kassab”2 who then “solicited clients/prospective clients… |
| 31 | 2022-08-29 | OA | Kassab | 7th Amended Answer | Kassab's Seventh Amended Answer, Affirmative Defenses, and Counterclaim — adds Judicial Immunity (#16) and Immunity under Rule 17.09 (#17) as new affirmative defenses, expands Illegality to include 'Unlawful Acts Rule' (#13), bringing total to 23 defenses. Filed same day as Traditional MSJ. | Phase 3 amended pleading superseding the Sixth Amended Answer, filed the same day as the Traditional Motion for Summary Judgment (Filing #30). Expands affirmative defenses from 21 to 23, adding Judicial Immunity (#16), Rule 17.09 disciplinary immunity (#17), and expanding #13 to include the Unlawful Acts Rule. This becomes the live answer going into the MSJ hearing. | PLEAD-1 | N/A | Phase 3 | 2022-08-29_OA_Kassab-7th-Amended-Answer-CC_FILED.pdf | That Pohl recover nothing; that Kassab recover (i) actual and consequential damages, (ii) statutory damages, (iii) pre- and post-judgment interest, (iv) attorneys' fees and costs, and (v) all other just relief | 8/29/2022 4:43 PM Marilyn Burgess - District Clerk Harris County Envelope No. 67770941 By: Ashley Lopez Filed: 8/29/2022 4:43 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIArL DISTRICT DEFENDANTS, LANCE CHRISTOPHER KASSAB AtND LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAWi FIRM’S SEVENTH AMENDED ANSWER, AFFIRMATIVE DEFENSES ANsD COUNTERCLAIM TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm and files this their Seventh Amended Answer, Affirmative Defenses, and Counterclaim, and would respectfully show the Court as follows; a f I RULE 47 STATEMENT 1. The Kassab Deffendants, in their capacity as Counter-Plaintiffs, seek monetary relief of more than $1,000,000.00. C II l PARTIES 2. Plaiintiff, Michael A. Pohl is an individual lawyer residing in Colorado and is a paroty herein. 3. Plaintiff, Law Offices of Michael A. Pohl is a law firm set up for the practice of law in various states of the union, including Texas and is a party herein. 4. Defendant, Scott Favre is a nonresident individual residing in Mississippi and is a party herein. 5. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in Mississippi and is a party herein. 6. Defendant, Precision Marketing Group, LLC is a nonresident limited liability company located in Mississippi and is a party herein. k 7. Defendant, F. Douglas Montague III is a nonresident iCndividual residing in Mississippi. 8. Defendant, Montague, Pittman & Varnadoi, PA is a nonresident professional association located in Mississippi. 9. Defendant, Tina Nicholson is an individual residing in Texas and is a party herein. 10. Defendant, Baker Nicholson, lLLP, d/b/a Baker Nicholson Law Firm is a limited liability partnership located inM Texas and is a party herein. 11. Defendant, Counter-Plaintiff, Lance Christopher Kassab is an individual residing in Texas anid is a pa… |
| 29 | 2022-08-02 | OA | Kassab | 6th Amended Answer | Kassab's Sixth Amended Answer, Affirmative Defenses, and Counterclaim — adds 21st affirmative defense (TUTSA preemption under § 134A.007(a)) and attorney's fees claim for bad faith TUTSA prosecution under § 134A.005; otherwise substantively identical to the Fifth Amended Answer | Phase 3 amended pleading superseding the Fifth Amended Answer. Key additions over Filing #27: (1) new affirmative defense #21 for preemption under Tex. Civ. Prac. & Rem. Code § 134A.007(a), and (2) new section claiming attorney's fees under Tex. Civ. Prac. & Rem. Code § 134A.005 for bad faith TUTSA claims by Pohl. All prior content maintained including 20 affirmative defenses, factual background, and barratry counterclaim. | PLEAD-1 | N/A | Phase 3 | 2022-08-02_OA_Kassab-6th-Amended-Answer-CC_FILED.pdf | That Pohl recover nothing; that Kassab recover (i) actual and consequential damages, (ii) statutory damages, (iii) pre- and post-judgment interest, (iv) attorneys' fees and costs, and (v) all other just relief | 8/2/2022 4:00 PM Marilyn Burgess - District Clerk Harris County Envelope No. 66899970 By: Ashley Lopez Filed: 8/2/2022 4:00 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S SIXTH AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm and files this their Sixth Armended Answer, Affirmative Defenses, and Counterclaim, and would respectfully show the Court as follows; iIl RULE 47a STATEMENT 1. The Kassab Defendantso, in their capacity as Counter-Plaintiffs, seek monetary relief of more than $1,000,000.00. y PARTIES 2. Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado and is a party herein. c i 3. oPlaintiff, Law Offices of Michael A. Pohl is a law firm set up for the practice of law in various states of the union, including Texas and is a party herein. 4. Defendant, Scott Favre is a nonresident individual residing in Mississippi and is a party herein. 5. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in Mississippi and is a party herein. 6. Defendant, Precision Marketing Group, LLC is a nonresident limited liability company located in Mississippi and is a party herein. k 7. Defendant, F. Douglas Montague III is a nonresident indilvidual residing in Mississippi. c 8. Defendant, Montague, Pittman & Varnado, PA is sa nonresident professional association located in Mississippi. 9. Defendant, Tina Nicholson is an individual residing in Texas and is a party herein. 10. Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm is a limited liability partnership located in Texas and is a party herein. 11. Defendant, Counter-Plaintiff, Laance Christopher Kassab is an individual residing in Texas and is a party herein.… |
| 26 | 2022-05-13 | MTN | Kassab | Motion to Designate RTP | Kassab's Motion to Designate Responsible Third Parties seeking to add eight non-party individuals to the verdict form for proportionate responsibility allocation | Phase 3 procedural motion filed after counterclaims were dismissed and before trial, seeking to designate eight individuals as responsible third parties under Texas proportionate responsibility statute to reduce potential damages allocation against Kassab. | RTP-1 | N/A | Phase 3 | 2022-05-13_MTN_Kassab-Mtn-to-Designate-RTP_FILED.pdf | Designate George W. (Billy) Shepherd, Scott Walker, Steve Seymour, Kirk Ladner, Dona Pohl, Edgar Jaimes, Ken Talley, and Magdalena Santana as responsible third parties for proportionate responsibility allocation, and grant all other relief in law or equity | 5/13/2022 6:22 PM Marilyn Burgess - District Clerk Harris County Envelope No. 64509093 By: Deandra Mosley Filed: 5/13/2022 6:22 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 LAlNCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S MOTION TO DESIGNATE RESPONSIBLE THIRD PcARTIES TO THE HONORABLE JUDGE SCOT DOLLINGER: s Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. D/B/A The Kassab Law Firm (“Kassab”), and file this, their Motion to Designate Responsible Third Parties. REQUESTED R ELIEF 1. Kassab seeks to designate Georgel W. (Billy) Shepherd (Shepherd), Scott Walker (Walker), Steve Seymour (Seymour) andM Kirk Ladner (Ladner), Dona Pohl (Dona), Edgar Jaimes (Jaimes), Ken Talley (Talley), Moagdalena Santana (Santana) as responsible third parties in this litigation. Shepherd, Walker, Seymour, Ladner, Dona, Jaimes, Talley and Santana are all persons who are alleged to have caused or contributed to causing in any way the harm for which recovery of damages by Pohl is sought. Thus, they are all responsible third parties in this cause. TEX. CIV. PRAC. & REM. CODE § 33.011(6). c II f FACTS 2.U Pohl is a lawyer who commits barratry and has prayed on the less fortunate to earn a living. On October 18, 2014, three Mississippi residents, Scott Walker (“Walker”), Kirk Ladner (“Ladner”) and Steve Seymour (“Seymour”), and their related entities, including Precision Marketing Group, LLC (“Precision”), filed suit against Michael Pohl (“Pohl”) and others in Mississippi federal court (the “Mississippi Litigation”). There, Precision, Walker, Ladner and Seymour alleged that: (1) they had a joint venture with Pohl to sign up clients with economic loss claims stemming from the BP Deepwater Horizon oil spill and clients with personal injury claims; (2) that they successfully obtained these clients for Pohl; and (3) that Pohl breached their agreement by not paying them wh… |
| 27 | 2022-05-13 | OA | Kassab | 5th Amended Answer | Kassab's Fifth Amended Answer, Affirmative Defenses, and Counterclaim — live pleading asserting 20 affirmative defenses, general and specific denials, detailed factual background of Pohl's barratry scheme, and counterclaim for civil barratry on behalf of 242 assigned claimants | Phase 3 amended pleading filed simultaneously with the Motion to Designate Responsible Third Parties. This is Kassab's fifth iteration of his answer, expanding affirmative defenses and maintaining the barratry counterclaim based on assigned claims from 242 of Pohl's former clients. | PLEAD-1 | N/A | Phase 3 | 2022-05-13_OA_Kassab-5th-Amended-Answer-CC_FILED.pdf | That Pohl recover nothing; that Kassab recover (i) actual and consequential damages, (ii) statutory damages, (iii) pre- and post-judgment interest, (iv) attorneys' fees and costs, and (v) all other just relief on counterclaims | 5/13/2022 6:22 PM Marilyn Burgess - District Clerk Harris County Envelope No. 64509093 By: Deandra Mosley Filed: 5/13/2022 6:22 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S FIFTH AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm and files this their Fifth Armended Answer, Affirmative Defenses, and Counterclaim, and would respectfully show the Court as follows; iIl RULE 47a STATEMENT 1. The Kassab Defendantso, in their capacity as Counter-Plaintiffs, seek monetary relief of more than $1,000,000.00. y PARTIES 2. Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado and is a party herein. c i 3. oPlaintiff, Law Offices of Michael A. Pohl is a law firm set up for the practice of law in various states of the union, including Texas and is a party herein. 4. Defendant, Scott Favre is a nonresident individual residing in Mississippi and is a party herein. 5. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in Mississippi and is a party herein. 6. Defendant, Precision Marketing Group, LLC is a nonresident limited liability company located in Mississippi and is a party herein. k 7. Defendant, F. Douglas Montague III is a nonresident indilvidual residing in Mississippi. c 8. Defendant, Montague, Pittman & Varnado, PA is sa nonresident professional association located in Mississippi. 9. Defendant, Tina Nicholson is an individual residing in Texas and is a party herein. 10. Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm is a limited liability partnership located in Texas and is a party herein. 11. Defendant, Counter-Plaintiff, Laance Christopher Kassab is an individual residing in Texas and is a party her… |
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