Legal Theories
Data license: Public court records
8 rows where filing_id = 22 and party = "Pohl"
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| theory_id ▼ | filing_id | theory | party | role | basis |
|---|---|---|---|---|---|
| 187 | 22 22 | Res Judicata | Pohl | defense | Prior final judgments on the merits in Brumfield and Gandy cases dismissed the same barratry claims; Kassab is in privity with Assignors as successor-in-interest; Kassab admits claims are the same; judgment final even if appealed; dismissal on limitations is on the merits |
| 188 | 22 22 | Statute of Limitations (four-year bar on barratry claims) | Pohl | defense | Claims accrued when clients were solicited (no later than May 2013 for most; no later than 2014 for Clemons and Riggs), making them time-barred by May 2017 or 2016 respectively, before this lawsuit or the counterclaim was filed |
| 189 | 22 22 | Section 16.069 Inapplicability — Same Transaction or Occurrence Not Met | Pohl | defense | The logical relationship test is not satisfied because facts of alleged barratry (2012-2014) are not significant and logically relevant to Pohl's conversion/trade secret claims regarding Kassab's 2016 conduct; separated by years, different parties, no common elements of proof |
| 190 | 22 22 | Section 16.069 Inapplicability — No Fair Notice Within 30 Days | Pohl | defense | Kassab's counterclaim failed to identify the assignors or state facts giving rise to the claims, failing the Rule 47 fair notice requirement under Rogers; Pohl could not determine until discovery in 2021 that claims were identical to those rejected |
| 191 | 22 22 | Section 16.069 Inapplicability — Post-Lawsuit Assignment Cannot Revive Claims | Pohl | defense | The statute's purpose of preventing tactical delay is not served when claims were assigned after litigation commenced; applying Code Construction Act factors (Ball), allowing this would frustrate the object, purpose, and public interest underlying § 16.069 |
| 192 | 22 22 | Non-Assignability of Punitive Statutory Claims (PPG Industries framework) | Pohl | defense | Civil barratry claims are personal and punitive statutory claims analogous to DTPA claims; the statute is silent on assignability; the legislature knew how to make them assignable but did not; purpose is to protect a specific class (clients); penalties are punitive in nature; assignments increase litigation |
| 193 | 22 22 | Public Policy Invalidity of Assignments | Pohl | defense | Assignments that tend to increase or prolong litigation unnecessarily, serve as transparent devices to circumvent limitations, or injure the public good violate public policy and are void (Sw. Bell, LAKXN, Am. Homeowner, Wright v. Sydow, State Farm v. Gandy) |
| 194 | 22 22 | Violation of Ethical Rules — Tex. Disciplinary R. Prof'l Conduct 1.08(h) | Pohl | defense | A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client; Kassab obtained assignments from his own clients concerning their pending litigation |
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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
);