Legal Theories
Data license: Public court records
2 rows where filing_id = 2, party = "Kassab" and role = "counterclaim"
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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. |
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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
);