Legal Theories

509 claims, defenses, counterclaims, and affirmative defenses

Data license: Public court records

5 rows where filing_id = 52 and role = "opposition"

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theory_id ▼ filing_id theory party role basis
377 52 52 Insufficient pleading of responsible third party allegations Pohl opposition Kassab's supplemental RTP motion contains the same prior factual allegations found deficient by Judge Dollinger, just reordered. No new factual allegations to fix the pleading defect.
378 52 52 Abatement is improper — future damages and unrelated litigation Pohl opposition Future damages do not justify abatement. The Cheatham case outcome cannot establish Kassab's defenses in this lawsuit because Kassab is not a party to Cheatham.
379 52 52 Preemption of unlawful acts doctrine by proportionate responsibility statute Pohl opposition Kassab's unlawful acts defense has been preempted and does not apply, as established in Pohl's prior briefing on the Motion to Abate.
380 52 52 Attorney-client privilege not waived under offensive use doctrine Pohl opposition Kassab failed to show how the legal elements of the offensive-use doctrine were met. Pohl's privilege over communications with Billy Shepherd remains intact.
381 52 52 Trial court discretion over discovery scope Pohl opposition Scope of discovery is within the trial court's discretion. Judge Dollinger reasonably exercised that discretion, especially given Kassab sought privileged materials from his own opposing counsel in related litigation and failed to show diligent pursuit.

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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
);