Legal Theories
Data license: Public court records
7 rows where filing_id = 57 and role = "affirmative_defense"
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| theory_id ▼ | filing_id | theory | party | role | basis |
|---|---|---|---|---|---|
| 401 | 57 57 | Unlawful acts doctrine (outside personal injury/wrongful death) | Kassab | affirmative_defense | Dugger v. Arredondo expressly limited its holding to PI/WD cases. Texas courts continue to apply the doctrine in other contexts. Pohl's claims are inextricably intertwined with his illegal contract with Precision. Supported by Sharpe, Luong, Denson, and Villanueva. |
| 402 | 57 57 | Justification defense to conversion and trade secret claims | Kassab | affirmative_defense | Justification is commonly applied in conversion cases because the alleged theft must occur 'without justification.' Not limited to tortious interference claims as Pohl contends. |
| 403 | 57 57 | Privilege to disclose trade secrets (Restatement (Third) of Unfair Competition § 40) | Kassab | affirmative_defense | A privilege exists to disclose trade secrets relating to crime, tort, or matters of substantial public concern — similar to whistleblower protections. Kassab was privileged to obtain and use the information to notify Pohl's clients about illegal solicitation. |
| 404 | 57 57 | Attorney immunity (Youngkin / Cantey Hanger / Taylor v. Tolbert / Bethel) | Kassab | affirmative_defense | Kassab's conduct falls within scope of client representation. Even alleged criminal conduct is not categorically excepted. Taylor v. Tolbert: attorney immune from wiretapping claims. TUTSA does not expressly repudiate attorney immunity. The First Court of Appeals already characterized Kassab's conduct as arising from legal services. |
| 405 | 57 57 | Judicial proceedings privilege (Landry's) | Kassab | affirmative_defense | Absolute privilege covers all aspects of proceedings including preliminary communications. Pohl's claims arise from Kassab's solicitation letters and barratry litigation — communications in prospective and actual judicial proceedings. Privilege protects communications 'necessary to set the judicial machinery in motion.' |
| 406 | 57 57 | Grievance immunity under Tex. Rules Disciplinary P. R. 17.09 | Kassab | affirmative_defense | Absolute and unqualified immunity for complainants and witnesses in the grievance process; extends to 'all actions at law or in equity.' Pohl admits Kassab was both a complainant and witness. At least part of Pohl's damages claim is predicated on the grievance proceedings, barring the entire suit under Crampton and Burch. |
| 407 | 57 57 | Unclean hands | Kassab | affirmative_defense | Pohl sought injunctive relief (equitable remedy) and has not amended to remove it. TUTSA requires 'legal, or equitable' title. Both invoke equity, making unclean hands applicable to demonstrate Pohl's illegality in acquiring the trade secret information. |
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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
);