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Legal Theories

509 claims, defenses, counterclaims, and affirmative defenses

Data license: Public court records

3 rows where filing_id = 16, party = "Kassab" and role = "affirmative_defense"

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role 1

  • affirmative_defense · 3 ✖

party 1

  • Kassab · 3 ✖
theory_id ▼ filing_id theory party role basis
151 16 16 Statute of Limitations — Tex. Civ. Prac. & Rem. Code §§ 16.003, 16.010 Kassab affirmative_defense Pohl's conversion claim (2-year period) and TUTSA claim (3-year period) are time-barred because Pohl knew of the alleged misconduct in 2014 but did not file until August 2018; continuing misappropriation is a single cause of action under § 16.010(b)
152 16 16 Res Judicata / Claim Preclusion Kassab affirmative_defense Pohl's claims against Kassab arise from the same subject matter as the Federal Court Case, which resulted in a final judgment with prejudice on April 21, 2017. Kassab is in privity with Precision as an alleged co-conspirator. Pohl knew of Kassab's involvement during federal discovery but chose not to add Kassab as a party.
153 16 16 Attorney Immunity Doctrine Kassab affirmative_defense An attorney is immune from liability to nonclients for conduct within the scope of client representation. Kassab's solicitation of clients and filing of barratry lawsuits is protected conduct even if characterized as wrongful or criminal. Applies to pre-litigation conduct. Highland Capital directly analogous.

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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
);
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