Legal Theories

509 claims, defenses, counterclaims, and affirmative defenses

Data license: Public court records

18 rows where filing_id = 2 and party = "Kassab"

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theory_id ▼ filing_id theory party role basis
5 2 2 Civil Barratry — counterclaim based on assigned claims Kassab counterclaim Counterclaim based on 150 express assignments of barratry claims from Pohl's former clients who were allegedly illegally solicited. Because barratry is not legal malpractice (per Pohl's judicial admission), the discovery rule does not apply and assignment is permitted under Texas law.
6 2 2 Compulsory Counterclaim Timeliness — Tex. Civ. Prac. & Rem. Code § 16.069 Kassab counterclaim Counterclaims arising from same transaction or occurrence may be filed even if independently barred by limitations, if filed within 30 days of answer deadline. Filed contemporaneously with answer; remaining claims to be filed by November 7, 2018.
7 2 2 Statute of Limitations Kassab affirmative_defense Pohl's claims are barred by applicable statutes of limitations
8 2 2 Justification Kassab affirmative_defense Kassab's actions were justified
9 2 2 Estoppel Kassab affirmative_defense Pohl is estopped from asserting claims
10 2 2 Waiver Kassab affirmative_defense Pohl waived his claims
11 2 2 Ratification Kassab affirmative_defense Pohl ratified the conduct complained of
12 2 2 Release Kassab affirmative_defense Pohl released Kassab from liability
13 2 2 Unclean Hands Kassab affirmative_defense Pohl's own misconduct (barratry) bars his claims in equity
14 2 2 Contribution Kassab affirmative_defense Other parties share responsibility for any damages
15 2 2 Failure to Mitigate Damages Kassab affirmative_defense Pohl failed to mitigate his damages
16 2 2 Lack of Standing Kassab affirmative_defense Pohl lacks standing to assert claims
17 2 2 Accord and Satisfaction Kassab affirmative_defense Claims were resolved by accord and satisfaction
18 2 2 Assumption of the Risk Kassab affirmative_defense Pohl assumed the risk of the alleged harm
19 2 2 Illegality/Criminal Acts Kassab affirmative_defense Pohl's own illegal conduct (barratry) bars recovery
20 2 2 First Amendment Kassab affirmative_defense First Amendment protects Kassab's conduct (petition and speech rights in filing lawsuits and grievances)
21 2 2 Attorney Immunity Kassab affirmative_defense Kassab is immune from suit for actions taken in his capacity as an attorney
22 2 2 In Pari Delicto Kassab affirmative_defense Pohl is equally at fault and thus barred from recovery

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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
);