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4 rows where party = "Pohl" 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 24 | 2022-02-04 | RPL | Pohl | Pohl’s reply ISO MSJ on counterclaims | Plaintiffs' Reply in Support of Their Motion for Summary Judgment on Defendants' Counterclaims for Civil Barratry | Pohl's reply brief supporting his MSJ on Kassab's barratry counterclaims, filed February 4, 2022. This is the final brief in the CC-1 motion chain before the court's ruling (which ultimately granted Pohl's motion). Attorney: Jean C. Frizzell of Reynolds Frizzell LLP. | CC-1 | N/A | Phase 2 | 2022-02-04_RPL_Pohl-Reply-ISO-MSJ-on-CC_FILED.pdf | Grant summary judgment dismissing Kassab's counterclaims for civil barratry | 2/4/2022 3:45 PM Marilyn Burgess - District Clerk Harris County Envelope No. 61466983 By: Deandra Mosley Filed: 2/4/2022 3:45 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’ REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS’ COUNTERCLAIMS Plaintiffs Michael Pohl and Law Officae of Michael A. Pohl (collectively “Pohl”) file this Reply in Support of Their Motion for Summary Judgment on Defendants’ Counterclaims for Civil Barratry. e In his Response to Plfaintiffs’ Motion (the “Response”) Kassab admits that the Assignments1 underlying hisy counterclaims were shams that altered nothing about the ownership of the claims and wereC made explicitly for the purpose of circumventing the statute of limitations and fomenting otherwise barred litigation. See Response, at 6 (“Seeing Pohl’s retaliatory suit as a means to potenftfially revive the barratry claims dismissed on limitations in Brumfield and Gandy, Kassab aUnd his clients executed 242 Limited Assignments.”); see also Declaration of Lance Kassab ¶ 12, Ex. 5 to the Response (after purported “assignment,” clients retained 60% interest in claims and Kassab retained 40% contingent fee interest). These admissions demonstrate the 1 Terms defined in Plaintiffs’ Motion carry the same meaning in this Reply. invalidity of the Assignments and therefore the Counterclaims. In addition to effectively admitting that the Assignments are shams, Kassab’s Response fails to rebut any of the other bases on which Pohl moved for summary judgment. The Court can resolve Pohl’s Motion based on a s… |
| 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… |
| 21 | 2021-10-18 | OA | Pohl | Pohl’s response and special exceptions | Plaintiffs-Counter Defendants Pohl's Verified Original Answer and Special Exceptions to Kassab's Fourth Amended Answer, Counterclaim, and Designation of Responsible Third Parties | Pohl's responsive pleading to Kassab's Fourth Amended Answer and Counterclaim filed on October 13, 2021. Filed October 18, 2021, five days after Kassab's amended pleading. Challenges Kassab's legal capacity to assert assigned barratry claims through verified denials and seeks clarification of the counterclaim through special exceptions. Attorney: Jean C. Frizzell of Reynolds Frizzell LLP. | PLEAD-1 | N/A | Phase 2 | 2021-10-18_OA_Pohl-Response-and-Special-Exceptions_FILED.pdf | That the Court render judgment that Kassab take nothing; dismiss Kassab's counterclaim for barratry on its merits; and grant such other and further or alternative relief (legal and equitable) to which Pohl may be entitled | 10/18/2021 5:07 PM Marilyn Burgess - District Clerk Harris County Envelope No. 58297712 By: Deandra Mosley Filed: 10/18/2021 5:07 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–COUNTER DEFENDANTS MICHAEL POHL AND LAW OFFICE OF MICHAEL A. POHL, PLLC’S VERIFIED ORIGINAL ANSWERl AND SPECIAL EXCEPTIONS Plaintiffs–Counter Defendants MichMael Pohl and Law Office of Michael A. Pohl, PLLC (collectively “Pohl”), file this Verified Original Answer and Special Exceptions to Defendants, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm’s Fourth Amended Answer, Affirmative Defenses and Counterclaim, and Designation of Responsible Third Parties, filed October 13, 2021 (the “Counterclaim”), and would show as follows: I. Verified Denials Pursuant tco Rules 93(1) and 93(2) of the Texas Rules of Civil Procedure, Pohl denies that Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm (collectively “Kassab”) has legal capacity to sue or recover in the capacity in which he sued. Kassab purports to assert barratry claims assigned to him by his clients. Such assignments of barratry claims (whether complete or partial) are void, and Kassab both lacks legal capacity to sue and to recover. Pohl’s Verification is attached as Exhibit A. II. Answer Pursuant to Rule 92, Pohl generally denies each and every, all and singular, of the allegations made in Kassab’s Counterclaim, and demands strict proof thereof. Pohl hereby pleads the following affirmative defenses: k i. Statute of limitations; l ii. L… |
| 17 | 2021-07-26 | RSP | Pohl | Pohl’s response to Kassab MSJ | Pohl's Response in Opposition to Kassab's Traditional Motion for Summary Judgment, addressing all three grounds (limitations, res judicata, attorney immunity) | Response brief filed in Phase 2 opposing Kassab's dispositive Traditional MSJ. Pohl argues Kassab's motion recycles the same arguments and limited evidence from the TCPA motion and interlocutory appeal, and was filed prior to responding to any discovery. Filed July 26, 2021, approximately 7 weeks after Kassab's MSJ. | MSJ-1 | N/A | Phase 2 | 2021-07-26_RSP_Pohl-Response-to-Kassab-Traditional-MSJ_FILED.pdf | Deny Kassab's Traditional Motion for Summary Judgment in all respects | 7/26/2021 2:51 PM Marilyn Burgess - District Clerk Harris County Envelope No. 55701585 By: Deandra Mosley Filed: 7/26/2021 2:51 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’ RESPONSE IN OPPOSITION TO DEFENDANTS LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER KASSAB, PC’S TRADITIONAL MOTION FOlR SUMMARY JUDGMENT Plaintiffs Michael Pohl and Law OfMfice of Michael A. Pohl (collectively “Pohl”) respond in opposition to the Traditional Motion for Summary Judgment filed by Defendants Lance Christopher Kassab and Lance Christopher Kassab, P.C., d/b/a The Kassab Law Firm (collectively “Kassab”). Kassab’s Traditional Motion for Summary Judgment (the “Motion”), which Kassab filed prior to responding to any discovery, relies on the same arguments and (very limited) evidence previously presented to this Court and the First Court of Appeals in Kassab’s motion under the TCPA.c Kassab’s arguments were not persuasive then, nor is his recycled assertion of them persuasive now. I. FACTUAL BACKGROUND Pohl is a lawyer who represented various persons and entities in claims arising from motor vehicle accidents and the British Petroleum Deepwater Horizon oil spill.1 Pohl engaged Precision 1 Sworn Declaration of Michael A. Pohl (the “Pohl Declaration”) ¶ 3, attached as Exhibit A. Marketing Group, LLC (“Precision”) to provide public relations services, to gather and preserve evidence, and to screen and liaise with Pohl’s clients and prospective clients.2 While working for Pohl, Precision naturally gained access to Pohl’s confidential and proprietary informat… |
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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
);