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6 rows where party = "Pohl" 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 |
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| 67 | 2024-02-02 | RSP | Pohl | Objections to Kassab JNOV | Pohl's Response in Opposition to Kassab's Motions for New Trial and for JNOV, systematically opposing all 22 grounds for new trial and all JNOV arguments. Argues: all grounds are recycled rejected arguments; witness tampering allegations identical to rejected mistrial motion and based on unsworn statements of self-professed perjurer/extortionist; multiple charge objections waived at charge conference; jury verdict supported by nearly two weeks of trial evidence; Kassab fails to cite trial record; incorporates 15 prior filings by reference. | Response filed February 2, 2024, opposing both the Motion for New Trial and Motion for JNOV filed January 19, 2024. Pohl incorporates by reference 15 prior filings spanning 2021-2023. Notes Kassab has not filed a proposed order as required by court procedures. | POST-1 | N/A | Phase 5 | 2024-02-02_RSP_Pohl-Objections-to-Kassab-JNOV_FILED.pdf | Denial of Kassab's Motion for New Trial and Motion for JNOV in their entirety | 2/2/2024 4:44 PM Marilyn Burgess - District Clerk Harris County Envelope No. 84110431 By: Bonnie Lugo Filed: 2/2/2024 4:44 PM CAUSE NO. 2018-58419 MICHAEL A. POHL et al. § IN THE DISTRICT COURT OF Plaintiffs, § V. § HARRIS COUNTY,k TEXAS § e LANCE CHRISTOPHER § C l KASSAB et al. § § c Defendants. § 281ST JUDrICIAL DISTRICT POHL’S RESPONSE IN OPPOSITION TO THE MOTIONS FOR NEW TRIAL AND FOR JUDGMENT NOT WITHSTANDING THE VERDsICT AND TO DISREGARD JURY FINDINGS FILED BY THE KASSAsB DEFENDANTS Plaintiffs Michael Pohl and Law Office of Michaerl A. Pohl (collectively “Pohl”) respond in opposition to The Kassab Defendants’ Motion for New Trial (the “Motion for New Trial”) and Motion for Judgment Not Withstanding the Verdlict and to Disregard Jury Findings (the “Motion for JNOV”) filed by Defendants Lance ChMristopher Kassab and Lance Christopher Kassab, P.C., d/b/a The Kassab Law Firm (collectively “Kassab”). I. INTRODUCTION Kassab’s Motion for New Trial and Motion for JNOV repeat Kassab’s arguments that the Court has previously considered and rejected. In these two motions, Kassab recycles arguments rejected at summary judgment, 166(g) hearings, pre-trial hearings, directed verdict, and otherwise. The Court’s judgcment and the jury verdict are supported by and consistent with ample evidence presented at trial. But Kassab would have the Court throw out a jury verdict supported by nearly two weeks’ worth of trial evidence. Because the issues that Kassab raises are without merit, the Court should deny Kassab’s Motion for New Trial and Motion for JNOV. II. STANDARDS A. Motion for New Trial “Jury trials are essential to our constitutionally provided method for resolving disputes,” and “a jury’s decision is not to be tampered with lightly, regardless of whether it favors the plaintiff or the defendant.” In re Columbia Med. Ctr. of Las Colinas, Subsidiary, L.Pl., 290 S.W.3d 204, 211 (Tex. 2009) (citing Tex. Const. art. I, § 15, art. V, § 10); see generally Hterbert v. Herbert, 754 S.W.2d 141, 144 (Tex. 1988) (“long-establi… |
| 68 | 2024-02-02 | RSP | Pohl | Response to Mtn to Modify Judgment | Pohl's Response to Kassab's Motion to Modify, Correct, or Reform Judgment, arguing all arguments are recycled and rejected, the jury properly awarded exemplary damages unanimously (Q17 answered per unanimity instructions, Q19 predicated on unanimous Q17, Kassab waived by not objecting before discharge), attorneys' fees from separate proceedings are recoverable actual losses under TUTSA's broad 'actual loss' definition and tort of another doctrine, damages are not duplicative (TUTSA expressly authorizes both actual loss and unjust enrichment), conspiracy is not preempted (it is a rule of joint liability, not an independent tort or conflicting remedy), and great-weight-and-preponderance arguments are meritless | Response filed February 2, 2024, opposing Kassab's Motion to Modify, Correct, or Reform Judgment. Filed simultaneously with Pohl's response to the JNOV and New Trial motions. Incorporates prior briefing by reference. | POST-2 | N/A | Phase 5 | 2024-02-02_RSP_Pohl-Response-to-Kassab-Mtn-to-Modify-Judgment_FILED.pdf | Denial of Kassab's Motion to Modify, Correct, or Reform Judgment, and any other relief to which Pohl is entitled | 2/2/2024 4:20 PM Marilyn Burgess - District Clerk Harris County Envelope No. 84108335 By: Patricia Gonzalez Filed: 2/2/2024 4:20 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et. al § IN THE DISTRICT COURT OF Plaintiffs, § V. § HARRIS COUNTY,k TEXAS § e LANCE CHRISTOPHER § C l KASSAB, et. al § § c Defendants. § 281ST JUDrICIAL DISTRICT POHL’S RESPONSE TO KASSAB’S MOTION TO MODIFY, CORRECT, OR REFsORM JUDGMENT Plaintiffs Michael A. Pohl and Law Office of Michael A. Pohl, PLLC (collectively “Pohl”) respond in opposition to Defendants Lance Christopher Kassab’s and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm’s (collectively “Kassab”) motion to modify, correct, or reform the judgment (“Motion to Modify”). a I. Summary. The Motion to Modify primareily consists of recycled arguments that Kassab has previously made and that the Court has prefviously rejected. On that ground alone, the motion should be denied. y Substantively, CKassab re-argues in shotgun fashion that all of the damages found by the jury and awarded bay the Court are not recoverable for various erroneous reasons. As Pohl has previously brieffed at length, however, both the actual damages and exemplary damages are reasonablUe and fully supported by the verdict, the evidence, and the law. For these and other reasons that we discuss next, the Motion to Modify should be denied. II. The Jury Properly Awarded Exemplary Damages, and Pohl is Entitled to Recover Them. Kassab contends that the award of exemplary damages is unsupported and improper because the jury allegedly did not unanimously answer “Yes” in response to Question 17. See Motion to Modify, p. 4. But that is not true. On its face, the jury charge shorws that the jury unanimously answered “Yes” to Question 17 after being instructed to only answer the question “Yes” if the finding was unanimous. See Charge of the Court, p. 24. Irfi Kassab believed that the certificate of unanimity was in conflict with the answers containDed in the jury verdict, he was obligated to request that the jury be … |
| 63 | 2023-10-23 | LTR | Pohl | Request for ruling on final judgment | Pohl's Request for a Ruling on Motion for Entry of Final Judgment, urging Court to expedite consideration of the pending motion and raising concerns about Kassab's continued harassment through Mississippi bar complaints filed using case materials | Request for ruling filed October 23, 2023, more than one month after the September 19, 2023 hearing on entry of judgment. The Motion for Entry of Final Judgment was filed promptly after the August 31, 2023 jury verdict and has been ripe for over a month without a ruling. | JDGMT-1 | N/A | Phase 5 | 2023-10-23_LTR_Pohl-Request-for-Ruling-on-Final-Judgment_FILED.pdf | That the Court expedite consideration and grant Pohl's Motion for Entry of Final Judgment, entering final judgment in Pohl's favor in the form attached to the Motion | 10/23/2023 5:36 PM Marilyn Burgess - District Clerk Harris County Envelope No. 80886597 By: Patricia Gonzalez Filed: 10/23/2023 5:36 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et. al § IN THE DISTRICT COURT OF Plaintiffs, § V. § HARRIS COUNTY,k TEXAS § e LANCE CHRISTOPHER § C l KASSAB, et. al § § c Defendants. § 281ST JUDrICIAL DISTRICT POHL’S REQUEST FOR A RULING ON POHL’S MOTION FOR ENTRY OF FINAsL JUDGMENT Pohl requests that the Court expedite its consideration of Pohl’s Motion for Entry of Final Judgment (the “Motion”). The Motion has been ripe for a ruling for over a month, and while Pohl waits for entry of judgment on the jury verdict in his favor, it appears that Kassab is using materials from this lawsuit to continue to harass Pohl—adespite the jury’s verdict being inconsistent with Kassab’s barratry and unauthorized practice of law theories in this case. The Court should promptly enter a final judgment to gieve finality to the trial proceedings in this case. f I. BACKGROUND Kassab has unsucceyssfully accused Pohl of engaging in barratry and the unauthorized practice of law for the lCast six years. According to Kassab, Pohl allegedly obtained clients through barratry and the unaauthorized practice of law in Mississippi, and thus, Pohl did not have rightful, legal, or equitabfle title in any trade secret concerning Pohl’s clients. However, on August 31, 2023, theU jury rendered a verdict in Pohl’s favor, and found that, despite Kassab’s allegations of barratry and the unauthorized practice of law, Pohl owned the trade secrets concerning his clients. After the jury rendered their verdict, Pohl promptly filed the Motion requesting entry of judgment and set the Motion for a hearing on September 19, 2023. As the briefing and arguments at that hearing showed, Pohl is entitled to entry of a final judgment in his favor that gives effect to the jury’s findings of liability and damages. Since trial, Pohl has learned new information that suggests that Kassab is using materials from this case to continue to harass P… |
| 62 | 2023-09-22 | LTR | Pohl | Response to Kassab letter | Pohl's letter to Judge Christine Weems replying to Kassab's September 20, 2023 post-hearing letter brief, addressing exemplary damages burden of proof, recoverability of attorneys' fees, conspiracy preemption, and Precision's exoneration | Sur-reply letter brief filed September 22, 2023 in the 281st Judicial District Court, Harris County, Cause No. 2018-58419. Addressed to Judge Christine Weems. Filed two days after Kassab's post-hearing letter brief (September 20) and three days after the September 19 hearing on entry of judgment. Pohl notes his Reply was filed one business day after Kassab's Response. Signed by Harris Y. Wells and Jean C. Frizzell of Reynolds Frizzell LLP. | JDGMT-1 | N/A | Phase 5 | 2023-09-22_LTR_Pohl-Response-to-Kassab-Letter-re-Final-Judgment_FILED.pdf | That the Court grant Pohl's Motion, enter judgment in the form attached as Exhibit B to the Motion, and overrule Kassab's objections to entry of judgment | 9/22/2023 9:53 PM Marilyn Burgess - District Clerk Harris County Envelope No. 79868932 By: Bonnie Lugo Filed: 9/22/2023 9:53 PM September 22, 2023 Via Electronic Filing Judge Christine Weems r Harris County Civil Courthouse l 201 Caroline, 14th Floor Houston, Texas 77002 c t RE: Michael A. Pohl et al. v. Lance Christopher Kassab et al.; Casutse No. 2018-58419; In the 281st Judicial District Court of Harris County, Texas. D i Reply to Kassab’s Post-Hearing Letter on Pohl’s Motion for Entry of Judgment (the “Motion”) Dear Judge Weems: e In Kassab’s September 20, 2023 letter (the “Leutter”), Kassab suggests that the timing of Pohl’s Reply brief entitles Kassab to further briefing. Pohl filed his Reply one business day after Kassab filed his Response. Because Kassab misstates both the law and facts in the Letter, Pohl files this reply letter. l DMISCUSSION A. The Jury Verdict shows thoe Jury unanimously awarded exemplary damages. Kassab makes two argumencts on the recovery of exemplary damages: he claims (1) it was Pohl’s burden to ensure the Jury fsigned a certificate of unanimity for Question 17, and (2) that various cases Pohl cited are “distinguishable for important reasons.” Letter at 1–2. Each argument fails. First, as the Supreme Cyourt of Texas held in USAA Tex. Lloyds Co. v. Menchaca, “the party who must rely on theo conflicting answer to avoid the effect of answers that establish liability . . . bore the burden to object.” 545 S.W.3d 479, 519 (Tex. 2018) (emphasis added). That is Kassab here. lSecond, any so-called distinguishing facts either are not distinguishing or are immaterial becaucsei the reasoning of those cases, applied to the facts of this case, shows Pohl is entitled to an awfard of exemplary damages. 1. It was Kassab’s burden to object because he seeks to set aside the Jury’s answers. Pohl obtained the necessary findings to support an award of exemplary damages against Kassab through the Jury’s answers to Questions 2, 17, and 19.1 Kassab asks the Court to ignore the Jury’s findings because he … |
| 60 | 2023-09-18 | RPL | Pohl | Reply ISO Mtn for Final Judgment | Pohl's Reply in Support of Motion for Entry of Final Judgment, responding to Kassab's five objections to the proposed judgment regarding exemplary damages unanimity, attorneys' fees recoverability, overlapping damages, conspiracy preemption, and Precision's exoneration | Reply brief filed September 18, 2023 in the 281st Judicial District Court, Harris County, Cause No. 2018-58419. Filed three days after Kassab's September 15, 2023 objections to Pohl's September 5, 2023 Motion for Entry of Final Judgment. Addresses each of Kassab's five objections and argues the court must enter judgment consistent with the jury verdict. | JDGMT-1 | N/A | Phase 5 | 2023-09-18_RPL_Pohl-Reply-ISO-Mtn-for-Final-Judgment_FILED.pdf | That the Court overrule Kassab's objections and enter the Final Judgment in the form attached to the Motion as Exhibit B | 9/18/2023 8:21 PM Marilyn Burgess - District Clerk Harris County Envelope No. 79681130 By: Bonnie Lugo Filed: 9/18/2023 8:21 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. § r281ST JUDICIAL DISTRICT POHL’S REPLY IN SUPPORT OF HIS MOTION FOR ENTRY OF FINAL JUDGMENT On September 5, 2023, Plaintiffs Michaell Pohl and Law Offices of Michael A. Pohl PLLC (collectively, “Pohl”) filed their motion foMr entry of a Final Judgment and to adjudge costs (the “Motion”). On September 15, 2023, Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm’s (collectively, “Kassab”) filed Objections to Pohl’s Proposed Final Judgment (the “Response”). Kassab fails to demonstrate in the Response that the Court would commit error in any way by entering final judgment in the form requested by Pohl. OVERVIEW Kassab liscts five general objections to entry of judgment. None of the objections withstand scrutiny. • Kassab objects to the inclusion of exemplary damages in the judgment because he contends the Jury’s answer of “Yes” to Question 17 was not unanimous. But Kassab is factually incorrect because, on its face, the Jury Verdict shows that the Jury unanimously answered “Yes” to Question 17. The Court instructed the Jury to only answer “Yes,” in response to Question 17 if it was unanimous, and the Jury is presumed to have followed those instructions. Moreover, the Court instructed the Jury to answer Question 19 “only if you unanimously answered “Yes” to Question no. 17,” and the Jury answered Question 19. k • Kassab objects to the inclusion of attorneys’ fees from a p… |
| 58 | 2023-09-05 | MTN | Pohl | Mtn for Entry of Final Judgment | Pohl's Motion for Entry of Final Judgment following jury verdict, requesting court to enter judgment on approximately $6.3M award including actual damages, exemplary damages, attorneys' fees, prejudgment and postjudgment interest, and court costs | Post-trial motion filed September 5, 2023 in the 281st Judicial District Court, Harris County, Cause No. 2018-58419. Filed after jury returned verdict on August 31, 2023, in favor of Pohl on trade secret misappropriation and conspiracy claims against Kassab. Pohl seeks formal entry of final judgment consistent with jury findings. The 189th District Court had previously entered summary judgment against Kassab's barratry counterclaims on February 7, 2022. Trial commenced August 21, 2023 on three claims: theft of trade secrets, conversion, and conspiracy. Kassab's motion for directed verdict was denied on August 29, 2023. | JDGMT-1 | GRANTED | Phase 5 | 2023-09-05_MTN_Pohl-Mtn-for-Entry-of-Final-Judgment_FILED.pdf | Entry of Final Judgment in the form attached as Exhibit B, awarding: (1) $1,453,040 in actual damages (after $765,000 settlement credit); (2) $1,232,013 in attorneys' fees through trial; (3) conditional appellate attorneys' fees ($175,000 court of appeals, $55,000 petition for review, $85,000 merits briefing, $60,000 through oral argument); (4) $3,000,000 in exemplary damages; (5) $624,986.34 in prejudgment interest through September 18, 2023 (plus $338.38/day thereafter); (6) postjudgment interest at 8.50%; (7) all court costs against Kassab | 9/5/2023 6:40 PM Marilyn Burgess - District Clerk Harris County Envelope No. 79235207 By: Patricia Gonzalez Filed: 9/5/2023 6:40 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. § r281ST JUDICIAL DISTRICT POHL’S MOTION FOR ENTRY OF FINAL JUDGMENT Plaintiffs Michael Pohl and Law Offices lof Michael A. Pohl PLLC (collectively, “Pohl”) move for entry of a Final Judgment and to aMdjudge costs. In support thereof, Pohl would show the Court as follows: On February 7, 2022, the 189th District Court entered a traditional summary judgment against Defendants Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm’s (“Kassab”) counterclaims for civil barratry. The February 7 Order resolved the barratry counterclaims asserted by Kassab against Pohl. On Augusct 21, 2023, the case proceeded to trial on three claims filed by Pohl (theft of trade secrets, conversion, and conspiracy. This Court and the jury heard testimony from witnesses and experts presented by both Pohl and Kassab. On August 29, 2023, Kassab moved for a directed verdict and asserted, among other things, that Pohl’s damages were not recoverable or were not supported by sufficient evidence. The Court denied Kassab’s motion for directed verdict, implicitly ruling that Pohl’s requested damages were recoverable and were supported by evidence presented to the jury. I. THE JURY’S VERDICT After a trial on the merits, the Court submitted this case to the jury. On Akugust 31, 2023, the jury returned a verdict. Pohl attaches as Exhibit A the executed jury verdiclt. The jury verdict found in favor of Poh… |
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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
);