Issue Matrix

10 substantive and procedural issues litigated at trial

Data license: Public court records

2 rows where cluster = "Threshold"

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relevance 2

cluster 1

  • Threshold · 2 ✖
issue_id ▼ name cluster relevance summary kassab_position pohl_position result appellate_status authorities
1 TCPA Applicability to Barratry Claims Threshold High TCPA motion denied at trial court, affirmed on appeal, SCOTX denied review. Pohl’s claims based on Kassab’s exercise of right to petition; communications protected under TCPA. Claims not based on protected activity but on illegal conduct (barratry); commercial speech exception applies. Trial court denied TCPA MTD. 1st COA affirmed (Sep 2020). SCOTX denied review (Feb 2021). Fully resolved. TCPA inapplicable to barratry-based claims in this context. Tex. Civ. Prac. & Rem. Code ch. 27; Adams v. Starside Custom Builders, 547 S.W.3d 890 (Tex. 2018); Kassab v. Pohl, No. 01-18-01143-CV (Tex. App.—Houston [1st Dist.] 2020, pet. denied).
8 Serial Amendment Strategy Threshold Moderate Kassab filed 9 answer versions over 4 years, continually reshaping defenses. Amendments were proper responses to evolving claims and discovery; leave not required for answers. Serial amendments were dilatory, designed to create moving targets, and prejudiced Pohl’s trial preparation. Court permitted all amendments but none altered outcome. 8th amended answer was final version at trial. Not independently appealable. Pattern cited as evidence of bad faith litigation conduct. Tex. R. Civ. P. 63, 66.

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CREATE TABLE issues (
    issue_id INTEGER PRIMARY KEY,
    name TEXT,
    cluster TEXT,
    relevance TEXT,
    summary TEXT,
    kassab_position TEXT,
    pohl_position TEXT,
    result TEXT,
    appellate_status TEXT,
    authorities TEXT
);