Legal Theories
Data license: Public court records
13 rows where filing_id = 67 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
);