Legal Theories
Data license: Public court records
7 rows where filing_id = 10, party = "Kassab" and role = "defense"
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| theory_id ▼ | filing_id | theory | party | role | basis |
|---|---|---|---|---|---|
| 91 | 10 10 | Evidentiary Objection — Defective Affidavit (Lack of Personal Knowledge) | Kassab | defense | Shepherd's affidavit fails to meet requirements of Tex. R. Evid. 602 because it is not based on personal knowledge and does not state facts are true and correct — perjury does not attach |
| 92 | 10 10 | Evidentiary Objection — Failed Business Records Foundation (Tex. R. Evid. 803(6), 902(10)) | Kassab | defense | Shepherd fails to establish all six elements required for business records exception; fails to show he is custodian of records; failed to provide requisite notice |
| 93 | 10 10 | Evidentiary Objection — Hearsay Upon Hearsay | Kassab | defense | All documents attached to the Shepherd affidavit are inadmissible hearsay upon hearsay |
| 94 | 10 10 | Evidentiary Objection — Conclusory Affidavit (No Evidence as Matter of Law) | Kassab | defense | Pohl's declaration paragraphs 3-9 contain only conclusions without underlying facts, which do not raise fact issues and are incompetent evidence |
| 95 | 10 10 | Client Ownership of Files (Tex. Disciplinary R. Prof'l Conduct 1.15(d)) | Kassab | defense | Attorney files belong to the client, not the attorney; Pohl has no ownership claim over client files; attorney is agent of client |
| 96 | 10 10 | Lack of Standing — Pohl Never Owned Subject Documents | Kassab | defense | Documents came from Precision Marketing Group (owned by Favre), not Pohl; even if they were Pohl's legal files, client files belong to clients; Pohl lacks standing to sue for conversion or trade secret theft |
| 97 | 10 10 | TCPA Commercial Exception Inapplicable (Tex. Civ. Prac. & Rem. Code § 27.010(b)) | Kassab | defense | Pohl has not proven all four Castleman elements; purchasing marketing lists is not a commercial transaction involving legal services; Kassab is not primarily engaged in purchasing marketing lists; party asserting exemption bears burden of proving applicability |
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CREATE TABLE legal_theories (
theory_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
theory TEXT,
party TEXT,
role TEXT,
basis TEXT
);