Legal Theories

509 claims, defenses, counterclaims, and affirmative defenses

Data license: Public court records

5 rows where filing_id = 61 and role = "defense"

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theory_id ▼ filing_id theory party role basis
431 61 61 Burden on plaintiff to secure unanimous finding for exemplary damages (United Scaffolding v. Levine; Tex. Civ. Prac. & Rem. Code § 41.003(b)) Kassab defense Defendant has no obligation to complain about plaintiff's omission; burden to secure proper findings is on plaintiff; burden of proving exemplary damages may not be shifted to defendant; non-unanimous Q17 bars exemplary damages under Redwine
432 61 61 No authority supports attorney's fees from other litigation as TUTSA actual damages Kassab defense No court in any jurisdiction has awarded attorney's fees from other litigation as actual damages for a trade secret claim; Pohl's out-of-state cases concerned lost profits/fees/commissions, not litigation fees; Akin Gump concerned malpractice plaintiff, which Pohl is not
433 61 61 Clean hands doctrine bars equitable tort of another remedy (Frazier v. Havens) Kassab defense Jury found Pohl engaged in wrongful conduct (Q3); one found to have engaged in 'wrongful conduct' does not have clean hands for equitable remedy regardless of Q4's 0% fault allocation
434 61 61 TUTSA preemption of conspiracy per Reynolds v. Sanchez Oil & Gas Corp. Kassab defense First Court of Appeals held TUTSA preempts claims based on misappropriation of trade secrets under plain language of TUTSA; Pohl's conspiracy claim (Q15) is based entirely on the misappropriation conduct found in Q2
435 61 61 Precision's exoneration precludes Kassab's liability as a matter of law Kassab defense If no misappropriation occurred when information passed from Pohl to Precision, no one downstream could have misappropriated; plaintiff had burden to secure proper findings (Levine); defendant not required to 'forfeit a winning hand'

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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
);