Legal Theories

509 claims, defenses, counterclaims, and affirmative defenses

Data license: Public court records

13 rows where filing_id = 67, party = "Pohl" and role = "claim"

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theory_id ▼ filing_id theory party role basis
489 67 67 Waiver of jury charge objections (Tex. R. Civ. P. 274) Pohl claim Kassab waived Q2 and Q3 objections by failing to raise them at charge conference; cannot raise for first time in motion for new trial
490 67 67 Waiver of verdict inconsistency objection (Bryan v. Papalia) Pohl claim Kassab waived right to object to alleged inconsistency by not asserting before Court dismissed jury
491 67 67 Unlawful acts doctrine preempted by proportionate responsibility (Dugger v. Arredondo) Pohl claim Texas Supreme Court found common law unlawful acts doctrine no longer viable defense; reasoning applies to TUTSA claims; Kassab cannot claim benefit of proportionate responsibility while seeking conflicting doctrine
492 67 67 No privilege to misappropriate trade secrets Pohl claim No Texas case law supports claimed privilege; Alderson distinguishable; Kassab asks Court to be first in Texas to adopt such privilege
493 67 67 Attorney immunity requires attorney-client relationship at time of conduct (Youngkin) Pohl claim No attorney-client relationship existed when Kassab used trade secrets for mass solicitation before having clients
494 67 67 Grievance immunity inapplicable — claim predates grievance filing Pohl claim Misappropriation claim accrued upon acquisition/use of information, which occurred before any grievance filed by Kassab
495 67 67 Judicial proceedings privilege limited to libel/slander (Landry's) Pohl claim Gravamen of Pohl's complaint is not reputational harm but actual losses from misappropriation that occurred before any proceeding
496 67 67 TUTSA actual losses include attorney fees — flexible approach (Sw. Energy) Pohl claim Flexible and imaginative approach to trade secret damages; fees from other cases constitute actual losses
497 67 67 Tort of another doctrine permits recovery (Dixon Fin. Servs.) Pohl claim Equitable principles allow recovery of attorney fees as actual damages when party required to prosecute/defend prior action as consequence of defendant's wrongful act
498 67 67 Property owner rule applies to intangible property (Custom Transit, Jabri) Pohl claim Binding precedent confirms property owner rule applies even to intangible property; Pohl's opinion testimony on trade secret value was proper
499 67 67 Conspiracy not preempted by TUTSA Pohl claim Conspiracy does not provide conflicting remedy — it makes same TUTSA remedy apply jointly and severally; no more inconsistent than proportionate responsibility which Kassab argues is applicable
500 67 67 Exemplary damages unanimously found and properly awarded Pohl claim Jury unanimously found willful/malicious misappropriation; $3M complies with statutory 2x cap on actual damages over $2M; evidence of orchestrated scheme, lies to jury, unprecedented grievance publicity
501 67 67 Barratry counterclaims properly dismissed — res judicata, no § 16.069 tolling, non-assignable Pohl claim Same claims resolved by prior final judgments; claims don't arise from same transaction; punitive statutory claim not expressly assignable; assignments against public policy

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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
);