Legal Theories
Data license: Public court records
15 rows where filing_id = 65, party = "Kassab" and role = "defense"
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| theory_id ▼ | filing_id | theory | party | role | basis |
|---|---|---|---|---|---|
| 448 | 65 65 | No trade secret — attorney not owner of client files (In re George) | Kassab | defense | Attorney-client contracts belong to client, not lawyer; Pohl as agent has no trade secret rights in principal's property; attorney's lien is transitory interest in someone else's property |
| 449 | 65 65 | No trade secret — no independent economic value | Kassab | defense | No evidence Pohl's information provided competitive advantage; fiduciary cannot acquire interest adverse to principal; Pohl's only interest was concealing criminal conduct |
| 450 | 65 65 | No trade secret — no reasonable secrecy measures | Kassab | defense | Contracts not privileged or confidential as matter of law; shared freely with Precision/Favre; produced in discovery without protective order; Master List on PACER for six years |
| 451 | 65 65 | No evidence of misappropriation — chain broken by Precision finding | Kassab | defense | Jury found Precision did not misappropriate (Q2); Precision's exoneration breaks chain of indirect misappropriation to Kassab; Favre certified to Kassab that information belonged to Precision |
| 452 | 65 65 | Statute of limitations (3-year TUTSA SOL under § 16.010) | Kassab | defense | Cause of action accrued June 2014 (Precision theft) or May 2015 (sale to Favre); suit filed August 2018 — more than 3 years; continuing misappropriation is single cause of action; conspiracy doesn't restart clock (Agar Corp.) |
| 453 | 65 65 | Unlawful acts doctrine | Kassab | defense | Jury found Pohl's wrongful conduct contributed to injury (Q3 Yes); doctrine bars recovery when illegal act is inextricably intertwined with claim; applies outside personal injury context including attorney misconduct cases |
| 454 | 65 65 | Privilege to disclose trade secrets (Tex. R. Evid. 507(a), 18 U.S.C. § 1833(b), common law) | Kassab | defense | Three privilege sources: evidence rule (nondisclosure conceals fraud), DTSA (reporting suspected violation), common-law (disclosures relevant to crime/public concern). Kassab disclosed to report Pohl's barratry. |
| 455 | 65 65 | Grievance immunity (Tex. R. Disc. P. 17.09) | Kassab | defense | Absolute and unqualified immunity for filing grievances extending to all actions at law or equity; Pohl's claims predicated on Kassab's grievance filings; jury awarded grievance defense fees as damages |
| 456 | 65 65 | Judicial proceedings privilege | Kassab | defense | Absolute privilege for communications in judicial proceedings and communications preliminary to contemplated proceedings; Pohl's damages flow from Kassab's solicitation letters and barratry litigation; applies regardless of claim label |
| 457 | 65 65 | Attorney immunity | Kassab | defense | No right of recovery against attorney for conduct in discharge of duties; focuses on kind of conduct not alleged wrongfulness; even criminal conduct not excepted; TUTSA doesn't expressly repudiate; Kassab's client acquisition and lawsuit filing fell within scope |
| 458 | 65 65 | Unrecoverable damages — attorney fees not actual loss under TUTSA | Kassab | defense | TUTSA actual loss means lost profits/customers/market share, not attorney fees from other litigation; consistent with pre-TUTSA Texas law and sister-state interpretations; tort of another exception not adopted in Texas and requires wholly innocent plaintiff |
| 459 | 65 65 | No evidence of actual loss — fair market value and development costs | Kassab | defense | No market value testimony for $250,000 Q7(2) award — only intrinsic value; purchase price alone insufficient; no testimony about development costs for $200,000 Q7(3) award |
| 460 | 65 65 | No causation — Pohl's barratry was sole proximate cause | Kassab | defense | No evidence Pohl would not have been sued absent Kassab's conduct; Pohl's barratry was sole cause; clients' decisions to sue were superseding cause; Kassab merely represented clients |
| 461 | 65 65 | TUTSA preemption of conspiracy claim (§ 134A.007) | Kassab | defense | Conspiracy claim based entirely on alleged misappropriation; TUTSA displaces conflicting tort remedies; should eliminate joint and several liability |
| 462 | 65 65 | Non-unanimous exemplary damages finding (Tex. R. Civ. P. 292, § 41.003(d)) | Kassab | defense | Q17 (willful/malicious) was predicate for Q19 (exemplary damages); presiding juror did not sign Q17 unanimity certificate though signed for Q2 and Q19; general verdict was 10 jurors, not unanimous; exemplary damages require unanimous finding |
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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
);