Legal Theories

509 claims, defenses, counterclaims, and affirmative defenses

Data license: Public court records

5 rows where filing_id = 9 and role = "defense"

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theory_id ▼ filing_id theory party role basis
83 9 9 TCPA Does Not Apply — Claims Not Based on Protected Conduct Pohl defense Pohl's conversion, TUTSA, and conspiracy claims are based on wrongful acts (purchasing stolen property, misappropriating trade secrets), not on protected speech, petition, or association
84 9 9 TCPA Commercial Speech Exception (Tex. Civ. Prac. & Rem. Code § 27.010(b)) Pohl defense Even if TCPA applies, Kassab is primarily engaged in selling legal services, his solicitation of Pohl's clients arose from commercial transactions, and the intended audience was potential customers — satisfying all four Castleman elements
88 9 9 Statute of Limitations Not Expired Pohl defense Favre-Kassab Agreement executed November 10, 2016; suit filed August 2018 — within 2-year conversion period and 3-year TUTSA period
89 9 9 Attorney Immunity Inapplicable Pohl defense Attorney immunity protects conduct within scope of client representation; Kassab had no clients at the time of the wrongful purchase
90 9 9 Res Judicata Inapplicable Pohl defense Kassab was not a party to the Mississippi settlement; claims against Kassab are not the 'same as' claims settled in that case

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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
);