Legal Theories
Data license: Public court records
6 rows where filing_id = 62, party = "Pohl" and role = "claim"
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| theory_id ▼ | filing_id | theory | party | role | basis |
|---|---|---|---|---|---|
| 436 | 62 62 | Burden on defendant to object to incomplete/conflicting verdict under TRCP 295 and Menchaca | Pohl | claim | Party relying on conflicting answer to avoid effect of answers establishing liability bears burden to object before jury discharged; Kassab failed to object and waived the issue |
| 437 | 62 62 | Unanimity certificate not required for exemplary damages when predicate instructions required unanimity (Bruce, Stover) | Pohl | claim | Not all predicate answers require a certificate of unanimity; jury's answers conditioned on unanimity are sufficient; signed certificate not necessary for award of exemplary damages |
| 438 | 62 62 | TUTSA actual loss includes attorneys' fees from prior litigation (§ 134A.004(a)) | Pohl | claim | Under plain text of TUTSA, jury-found damages measured by attorneys' fees in other cases caused by misappropriation are recoverable as 'actual loss' |
| 439 | 62 62 | Tort of another doctrine with no clean hands requirement (Dixon, Massey, Lesikar, Standard Fire, Symetra) | Pohl | claim | Published precedent allows recovery; no clean hands or wholly innocent party requirement exists; Kassab does not argue Pohl fails to satisfy Dixon's elements; unclean hands defense requires showing injury to defendant from plaintiff's conduct (Wood v. Wiggins) which Kassab cannot show |
| 440 | 62 62 | Conspiracy not preempted by TUTSA (Whitlock) | Pohl | claim | Texas courts permit joint and several liability through conspiracy for trade secret misappropriation; Kassab has no caselaw finding there can no longer be a conspiracy to misappropriate trade secrets; Kassab's inconsistent position (proportionate responsibility not preempted but conspiracy is) is unexplained |
| 441 | 62 62 | Kassab's liability independent of Precision — Kassab obtained secrets from Favre | Pohl | claim | Jury never found Kassab received trade secrets from Precision; evidence showed Favre sold them to Kassab; jury found Favre misappropriated; Kassab designated Precision as responsible third party and failed to secure necessary findings |
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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
);