Legal Theories
Data license: Public court records
18 rows where party = "Kassab" and role = "counterclaim"
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| theory_id ▼ | filing_id | theory | party | role | basis |
|---|---|---|---|---|---|
| 5 | 2 2 | Civil Barratry — counterclaim based on assigned claims | Kassab | counterclaim | Counterclaim based on 150 express assignments of barratry claims from Pohl's former clients who were allegedly illegally solicited. Because barratry is not legal malpractice (per Pohl's judicial admission), the discovery rule does not apply and assignment is permitted under Texas law. |
| 6 | 2 2 | Compulsory Counterclaim Timeliness — Tex. Civ. Prac. & Rem. Code § 16.069 | Kassab | counterclaim | Counterclaims arising from same transaction or occurrence may be filed even if independently barred by limitations, if filed within 30 days of answer deadline. Filed contemporaneously with answer; remaining claims to be filed by November 7, 2018. |
| 64 | 8 8 | Civil Barratry — counterclaim based on assigned claims | Kassab | counterclaim | Counterclaims on behalf of 150 assigned barratry claimants whose claims were illegally solicited by Pohl through paid runners. Because barratry is not legal malpractice (per Pohl's judicial admission), assignment is permitted. |
| 65 | 8 8 | Compulsory Counterclaim Timeliness — Tex. Civ. Prac. & Rem. Code § 16.069 | Kassab | counterclaim | Counterclaims arising from same transaction may be filed even if barred by limitations, if filed within 30 days of the answer. Filed contemporaneously; remaining by November 7, 2018. |
| 98 | 11 11 | Civil Barratry (expanded counterclaim — 235 claimants) | Kassab | counterclaim | Counterclaims based on express assignments from 235 barratry victims whose cases were illegally solicited by Pohl; Pohl judicially admitted barratry is not legal malpractice, so assignment is permitted |
| 99 | 11 11 | Compulsory Counterclaim Timeliness (Tex. Civ. Prac. & Rem. Code § 16.069) | Kassab | counterclaim | Counterclaims arising from same transaction may be filed within 30 days of the answer even if independently barred by limitations |
| 118 | 12 12 | Civil Barratry (expanded counterclaim — 242 claimants) | Kassab | counterclaim | Counterclaims based on express assignments from 242 barratry victims whose cases were illegally solicited by Pohl |
| 119 | 12 12 | Compulsory Counterclaim Timeliness (Tex. Civ. Prac. & Rem. Code § 16.069) | Kassab | counterclaim | Counterclaims arising from same transaction filed within 30 days of the original answer |
| 166 | 20 20 | Civil Barratry Counterclaim | Kassab | counterclaim | Kassab asserts counterclaims for civil barratry based on 242 assigned claims from Pohl's illegally solicited clients; Pohl judicially admitted barratry is not legal malpractice and Discovery Rule does not apply |
| 167 | 20 20 | Revival of Time-Barred Counterclaims — Tex. Civ. Prac. & Rem. Code § 16.069 | Kassab | counterclaim | Section 16.069 permits filing of counterclaims arising from the same transaction or occurrence even if independently time-barred, provided filing within 30 days of answer deadline |
| 195 | 23 23 | Section 16.069 Revival of Time-Barred Counterclaims | Kassab | counterclaim | Barratry counterclaims arise from the same transaction or occurrence as Pohl's conversion/trade secret claims because both flow from Precision's engagement to acquire clients for Pohl; Kassab filed within 30 days; Pohl seeks affirmative relief (not just a declaration), so § 16.069 applies per Holman |
| 198 | 23 23 | Assignability of Civil Barratry Claims | Kassab | counterclaim | Barratry claims under § 82.0651(a) are contract-based (Cheatham) and generally assignable (Lindsay); tort claims under § 82.0651(c) also assignable (State Farm v. Gandy); PPG carved out equitable assignments like contingent-fee interests; PPG's DTPA-specific concerns about jury confusion from mental anguish/punitive damages not present with barratry statute |
| 210 | 27 27 | Civil Barratry Counterclaim | Kassab | counterclaim | Pohl illegally solicited clients through paid runners, creating civil liability to those solicited clients who have assigned their claims to Kassab. Based on express assignments from 242 claimants. |
| 211 | 27 27 | Compulsory Counterclaim / Relation-Back (Tex. Civ. Prac. & Rem. Code § 16.069) | Kassab | counterclaim | Counterclaims arising from the same transaction may be filed even if otherwise barred by limitations, provided they are filed within 30 days of the answer deadline. Kassab's counterclaims were timely because filed within 30 days of original answer. |
| 238 | 29 29 | Civil Barratry Counterclaim via Assigned Claims (Tex. Civ. Prac. & Rem. Code § 16.069) | Kassab | counterclaim | Counterclaims for barratry on behalf of 242 assigned claimants, timely as compulsory counterclaims filed within 30 days of original answer |
| 253 | 31 31 | Civil Barratry Counterclaim via Assigned Claims (Tex. Civ. Prac. & Rem. Code § 16.069) | Kassab | counterclaim | Counterclaims for civil barratry on behalf of 242 assigned claimants, timely as compulsory counterclaims |
| 322 | 43 43 | Civil Barratry Counterclaim | Kassab | counterclaim | Assigned claims from 242 barratry victims under Tex. Civ. Prac. & Rem. Code § 16.069 as compulsory counterclaims arising from the same transaction; Pohl judicially admitted barratry is not legal malpractice and Discovery Rule does not apply |
| 323 | 43 43 | Bad Faith TUTSA Claim — Attorney's Fees | Kassab | counterclaim | Pohl's TUTSA claims were made in bad faith under Tex. Civ. Prac. & Rem. Code § 134A.005 |
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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
);