Issue Matrix

10 substantive and procedural issues litigated at trial

Data license: Public court records

4 rows where relevance = "Moderate"

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cluster 3

relevance 1

  • Moderate · 4 ✖
issue_id ▼ name cluster relevance summary kassab_position pohl_position result appellate_status authorities
3 Counterclaim Viability Substantive Moderate Kassab’s counterclaims dismissed with prejudice on Pohl’s MSJ (Feb 2022). Pohl engaged in tortious interference, defamation, and abuse of process. Counterclaims lacked factual basis and were contradicted by record evidence. Counterclaims dismissed with prejudice (Feb 7, 2022). Not independently appealed. May be raised as cross-issue on appeal. Tex. R. Civ. P. 166a(c); Tex. R. Civ. P. 91a.
5 Trade Secret Misappropriation (TUTSA) Substantive Moderate Jury found TUTSA violation. Part of compensatory damages. Information obtained was not protectable trade secrets; no improper means used. Confidential client lists and case information constituted trade secrets; Kassab obtained them through improper means. Jury found TUTSA violation. Compensatory damages included trade secret component. Under appeal. Fee-recovery and damages allocation challenged. Tex. Civ. Prac. & Rem. Code § 134A.001 et seq.
7 Attorney’s Fee Recovery Damages Moderate $1.23M in attorney’s fees awarded through trial, plus conditional appellate fees. Fees excessive and unreasonable; lodestar analysis inflated. Fees reasonable given 5+ years of contested litigation, multiple MSJ rounds, and trial. Supported by fee affidavit. $1,232,013 awarded through trial. Conditional appellate fees of $175K–$375K. Under appeal. Reasonableness and necessity challenged. Tex. Civ. Prac. & Rem. Code § 38.001; Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469 (Tex. 2019).
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
);