Legal Theories

509 claims, defenses, counterclaims, and affirmative defenses

Data license: Public court records

8 rows where filing_id = 7 and party = "Kassab"

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theory_id ▼ filing_id theory party role basis
56 7 7 Texas Citizens Participation Act (TCPA/Anti-SLAPP) — Right of Free Speech (Tex. Civ. Prac. & Rem. Code § 27.001(3)) Kassab defense Pohl's lawsuit targets communications made in connection with matters of public concern — barratry lawsuits and grievances discussing illegal attorney conduct; legal services constitute 'services in the marketplace'
57 7 7 TCPA — Right to Petition (Tex. Civ. Prac. & Rem. Code § 27.001(4)) Kassab defense Filing barratry lawsuits and State Bar grievances are communications made in or about judicial and governmental proceedings
58 7 7 TCPA — Right of Association (Tex. Civ. Prac. & Rem. Code § 27.001(2)) Kassab defense Kassab joined with his clients to collectively pursue their common interest in bringing barratry claims against Pohl
59 7 7 Attorney Immunity Doctrine (Cantey Hanger, LLP v. Byrd) Kassab affirmative_defense All complained-of conduct — obtaining client information, filing lawsuits, filing grievances — falls within the scope of client representation; Highland Capital directly analogous
60 7 7 Statute of Limitations (Tex. Civ. Prac. & Rem. Code §§ 16.003, 16.010) Kassab affirmative_defense Pohl knew of his claims in 2014 (moved from Gulfport office, learned from secretary clients were diverted, Mississippi Litigation discovery began October 2014) but did not file until August 2018, exceeding the 2-year conversion/conspiracy and 3-year TUTSA limitations periods
61 7 7 Res Judicata / Claims Preclusion Kassab affirmative_defense Pohl sued Precision Marketing for conversion, fraud, and unjust enrichment in the Mississippi Litigation based on the same transactions; settled with prejudice on April 21, 2017
62 7 7 Failure to Establish Conversion — Lack of Ownership Kassab defense Precision Marketing, not Pohl, owned the client lists and marketing information according to Favre's testimony
63 7 7 Failure to Establish TUTSA Claim — Not Trade Secrets Kassab defense Client names and addresses are publicly known and not trade secrets; Kassab reasonably believed Precision Marketing owned the materials

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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
);