Legal Theories
Data license: Public court records
8 rows where filing_id = 30 and party = "Kassab"
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| theory_id ▼ | filing_id | theory | party | role | basis |
|---|---|---|---|---|---|
| 240 | 30 30 | Immunity Under Rule 17.09 of Texas Rules of Disciplinary Procedure | Kassab | defense | Absolute and unqualified immunity for lawsuits predicated upon the filing of a grievance or participation in the attorney disciplinary system. Pohl admits claims are predicated on grievance filing. |
| 241 | 30 30 | Judicial Proceedings Privilege | Kassab | defense | Absolute privilege covering statements in judicial proceedings and communications preliminary to proposed proceedings. Extends beyond defamation when damages flow from litigation communications. Covers pre-suit solicitation letters and barratry litigation. |
| 242 | 30 30 | Attorney Immunity (Youngkin / Taylor v. Tolbert) | Kassab | defense | Attorney immune from liability to nonclients for conduct within scope of representation, even if alleged criminal or wrongful. TUTSA does not expressly abrogate the defense. Taylor (2022) requires reconsideration of court's prior denial. |
| 243 | 30 30 | Statute of Limitations (TUTSA 3-year; Conversion 2-year; Conspiracy derivative) | Kassab | defense | Misappropriation discovered by Pohl no later than July 2014; alternatively May 2015 letters. Suit filed August 28, 2018. TUTSA expressly precludes continuing tort theories (§ 16.010(b)). Subsequent use/sale does not restart clock. Conspiracy shares accrual of underlying tort. |
| 244 | 30 30 | Conclusive Negation — No Trade Secret (Failure to Maintain Secrecy) | Kassab | defense | Pohl failed to take reasonable measures to keep information secret — no confidentiality agreements with runners, information freely shared, no protective measures despite knowing of dissemination. Incorporates Nicholson Motion. |
| 245 | 30 30 | Conclusive Negation — No Ownership | Kassab | defense | Client files are property of clients under Texas law (In re McCann, In re George). Marketing lists belonged to Precision as its work product (Favre testimony). TUTSA requires ownership (Title Source v. HouseCanary). Conversion requires title or right of possession (Catania). |
| 246 | 30 30 | Unlawful Acts Rule / Illegality Bar | Kassab | defense | Texas public policy prohibits recovery for damages inextricably intertwined with illegal acts. Pohl committed barratry (third-degree felony) and unauthorized practice of law in Mississippi, Louisiana, Alabama, and Florida. Cannot prove ownership or damages without referencing illegal activity. |
| 247 | 30 30 | Improper Damages — American Rule on Attorney's Fees | Kassab | defense | Attorney's fees from prior litigation not recoverable as damages absent statute or contract (Tony Gullo Motors). Texas Supreme Court has not adopted 'tort of another' exception. Even if exception existed, Pohl is not wholly innocent. TUTSA damages limited to lost profits, unjust enrichment, reasonable royalty. |
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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
);