Legal Theories
Data license: Public court records
3 rows where filing_id = 17 and role = "defense"
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| theory_id ▼ | filing_id | theory | party | role | basis |
|---|---|---|---|---|---|
| 154 | 17 17 | Limitations Rebuttal — Separate Accrual for Each Defendant | Pohl | defense | Claims against Kassab accrued from his specific conduct (November 2016 purchase and subsequent use), not from prior conduct of others. Each possession is a new conversion. TUTSA accrues upon commercial use. Kassab must conclusively establish accrual and negate the discovery rule, which he has not done. |
| 155 | 17 17 | Res Judicata Rebuttal — No Privity, Different Subject Matter | Pohl | defense | Kassab was not a party to the Federal Court Case. Under Texas three-part privity test, mere allegations of conspiracy are insufficient. Kassab provides no evidence of control, representation of interests, or successor-in-interest status. The factual bases differ: Federal Counterclaim addressed conversion of funds (billing fraud), not theft of confidential information. |
| 156 | 17 17 | Attorney Immunity Rebuttal — No Attorney-Client Relationship; Conduct Outside Scope | Pohl | defense | Kassab had no clients when he purchased stolen information. His conduct of buying stolen property is not uniquely lawyerly. The doctrine requires both scope of representation and attorney-client relationship at the time of conduct. Solicitation preceding the 'meeting of the minds' cannot be within scope of client representation. Kassab provided no evidence of an attorney-client relationship at the time of wrongful conduct. |
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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
);