Statutes Cited
Data license: Public court records
254 rows where cited_by = "Kassab"
This data as json, CSV (advanced)
cited_by 1
- Kassab · 254 ✖
| statute_id ▼ | filing_id | statute | description | cited_by |
|---|---|---|---|---|
| 12 | 2 2 | Tex. Civ. Prac. & Rem. Code § 16.069 | Permits filing of counterclaims and cross-claims arising from the same transaction or occurrence even if independently barred by limitations, if filed within 30 days of the answer deadline. Quoted in full in the filing. | Kassab |
| 13 | 2 2 | Texas Penal Code (barratry — third-degree felony) | Referenced as the criminal barratry statute making illegal solicitation a third-degree felony; specific section number not cited in text | Kassab |
| 14 | 2 2 | Texas Disciplinary Rules of Professional Conduct Rule 8.03 | Requires lawyers to report known violations of disciplinary rules; cited as basis for Kassab filing grievances against Pohl | Kassab |
| 26 | 6 6 | Tex. Penal Code § 38.12(a)(4) | Criminalizes paying or offering to pay a person money or anything of value to solicit employment with intent to obtain economic benefit — third-degree felony | Kassab |
| 27 | 6 6 | Tex. Penal Code § 38.12(b)(1), (2), (3) | Criminalizes financing barratry, investing funds to further barratry, and knowingly accepting employment resulting from barratrous solicitation | Kassab |
| 28 | 6 6 | Tex. Penal Code § 38.12(d)(2)(A) | Criminalizes providing or permitting solicitation of accident/disaster victims within 30 days of the accident by a person with intent to obtain professional employment | Kassab |
| 29 | 6 6 | Tex. Penal Code § 32.43(b) | Commercial bribery: prohibits a fiduciary from soliciting, accepting, or agreeing to accept any benefit on understanding it will influence conduct in relation to beneficiary's affairs | Kassab |
| 30 | 6 6 | Tex. Penal Code Chapter 36 | Obstruction and witness tampering — cited in connection with Pohl paying Santana $50,000 to suppress testimony | Kassab |
| 31 | 6 6 | Tex. Gov't Code § 82.065 | Allows client to void contingent fee contract procured through barratry (enacted 1989, amended 2011 and 2013) | Kassab |
| 32 | 6 6 | Tex. Gov't Code § 82.0651 | Civil Liability for Prohibited Barratry — creates civil cause of action for persons solicited by barratrous conduct; provides $10,000 penalty, actual damages, and attorney's fees; to be 'liberally construed' (enacted 2011 by S.B. 1716, amended 2013 by H.B. 1711) | Kassab |
| 33 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 1.03 | Duty to keep client informed — Pohl failed to disclose material information about barratry to clients Cheatham and Reese | Kassab |
| 34 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 1.04(f)(1), (f)(2), (g) | Requirements for division of fees between lawyers not in same firm: proportionality or joint responsibility; written client consent identifying all lawyers, fee basis, and shares | Kassab |
| 35 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 1.15(a)(1) | Mandatory withdrawal when representation will result in rule violation | Kassab |
| 36 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 3.04 | Fairness in adjudicatory proceedings — violated by paying Santana $50,000 to suppress testimony | Kassab |
| 37 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 4.02 | Prohibition on communicating with represented persons — Pohl approached Kassab's client during deposition | Kassab |
| 38 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 5.04(a), (d)(1) | Prohibition on sharing or promising to share legal fees with a non-lawyer | Kassab |
| 39 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 5.05 | Unauthorized practice of law — Pohl operated offices in Mississippi and Tennessee without licenses | Kassab |
| 40 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 7.01(a) | Rules regarding firm names — cited in connection with unauthorized practice | Kassab |
| 41 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 7.03(b), (d) | Prohibition on paying non-lawyers for soliciting/referring clients; prohibition on collecting fees from barratrous employment | Kassab |
| 42 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 7.05(a), (c) | Advertising rules — listed in violations section of Exhibit A | Kassab |
| 43 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 7.06(a), (b) | Prohibition on accepting or continuing employment procured by prohibited solicitation | Kassab |
| 44 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 8.03(a) | Duty to report known violations of disciplinary rules — cited as Kassab's basis for filing the grievance | Kassab |
| 45 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 8.04(a)(1)-(4), (a)(9), (a)(12), (b) | Prohibitions on violating rules, committing serious crimes (including barratry), fraud, barratry, and violating laws relating to practice of law | Kassab |
| 46 | 6 6 | S.B. 1716, Acts 2011, 82nd Leg., ch. 94 | Senate Bill creating civil liability for prohibited barratry, enacting § 82.0651 with $10,000 penalty provision, effective Sept. 1, 2011 | Kassab |
| 47 | 6 6 | H.B. 1711, Acts 2013, 83rd Leg., ch. 315 | House Bill amending §§ 82.065 and 82.0651 to close loophole allowing attorneys to avoid penalty by releasing clients after signing, aligning with Penal Code § 38.12 and Rule 7.03, effective Sept. 1, 2013 | Kassab |
| 48 | 6 6 | H.B. 1890 (companion bill to S.B. 1716) | House companion bill creating civil action for conduct constituting barratry | Kassab |
| 49 | 7 7 | Tex. Civ. Prac. & Rem. Code § 27.001 et seq. | Texas Citizens Participation Act (TCPA/Anti-SLAPP) — provides expedited dismissal mechanism for lawsuits based on, relating to, or in response to exercise of free speech, petition, or association rights | Kassab |
| 50 | 7 7 | Tex. Civ. Prac. & Rem. Code § 27.002 | TCPA purpose — to safeguard constitutional rights of free speech, petition, and association while protecting meritorious lawsuits | Kassab |
| 51 | 7 7 | Tex. Civ. Prac. & Rem. Code § 27.003 | TCPA motion to dismiss procedure — movant must show claims are based on, relate to, or respond to exercise of enumerated rights | Kassab |
| 52 | 7 7 | Tex. Civ. Prac. & Rem. Code § 27.005(b)-(d) | Two-step TCPA analysis: (b) movant shows applicability by preponderance; (c) nonmovant must establish prima facie case by clear and specific evidence; (d) movant may still prevail by establishing valid defense | Kassab |
| 53 | 7 7 | Tex. Civ. Prac. & Rem. Code § 27.006 | Court must consider pleadings and supporting/opposing affidavits in TCPA analysis | Kassab |
| 54 | 7 7 | Tex. Civ. Prac. & Rem. Code § 27.009(a) | Mandatory award of court costs, reasonable attorney's fees, and sanctions upon TCPA dismissal | Kassab |
| 55 | 7 7 | Tex. Civ. Prac. & Rem. Code § 134A.002 | TUTSA definitions — defines 'owner' as person in whom rightful title to trade secret is reposed; information is not trade secret if generally known to public | Kassab |
| 56 | 7 7 | Tex. Civ. Prac. & Rem. Code § 16.003(a) | Two-year statute of limitations for conversion | Kassab |
| 57 | 7 7 | Tex. Civ. Prac. & Rem. Code § 16.010(a) | Three-year statute of limitations for trade secret misappropriation from date of discovery | Kassab |
| 58 | 7 7 | Tex. Penal Code § 38.12(h) | Criminal barratry — third-degree felony in Texas | Kassab |
| 59 | 7 7 | Tex. Disciplinary R. Prof'l Conduct 8.03 | Mandatory reporting — lawyer having knowledge of another lawyer's violation that raises substantial question as to honesty or fitness shall inform appropriate disciplinary authority | Kassab |
| 60 | 8 8 | Tex. Civ. Prac. & Rem. Code § 16.069 | Allows filing of counterclaims arising from the same transaction even if independently barred by limitations, provided filed within 30 days of the answer deadline. Quoted in full. | Kassab |
| 61 | 8 8 | Texas Penal Code (barratry — third-degree felony) | Referenced as the criminal barratry statute; specific section number not cited in text | Kassab |
| 62 | 8 8 | Tex. Disciplinary R. Prof'l Conduct 8.03 | Mandatory reporting of attorney misconduct to the State Bar; cited as basis for Kassab filing grievances | Kassab |
| 74 | 10 10 | Tex. R. Evid. 602 | Requires evidence showing witness has personal knowledge | Kassab |
| 75 | 10 10 | Tex. R. Evid. 101(h)(4) | Definition related to records in the business records context | Kassab |
| 76 | 10 10 | Tex. R. Evid. 803(6)(A)-(D) | Business records exception to hearsay — six elements required for admissibility | Kassab |
| 77 | 10 10 | Tex. R. Evid. 902(10) | Self-authentication of business records — requires proper affidavit establishing custodian qualifications and notice | Kassab |
| 78 | 10 10 | Tex. Disciplinary R. Prof'l Conduct 1.15(d) | Upon termination of representation, lawyer shall surrender papers and property to which the client is entitled; attorney files belong to client | Kassab |
| 79 | 10 10 | Tex. Civ. Prac. & Rem. Code § 27.010(b) | TCPA commercial speech exception — Kassab argues Pohl failed to prove all four elements | Kassab |
| 80 | 10 10 | Tex. Civ. Prac. & Rem. Code § 27.006 | Court considers pleadings and evidence in TCPA analysis | Kassab |
| 81 | 11 11 | Tex. Civ. Prac. & Rem. Code § 16.069 | Allows filing of counterclaims arising from same transaction even if barred by limitations, if filed within 30 days of the answer deadline | Kassab |
| 82 | 11 11 | Tex. Disciplinary R. Prof'l Conduct 8.03 | Mandatory reporting of attorney misconduct to the State Bar — cited as basis for Kassab's grievances against Pohl | Kassab |
| 83 | 12 12 | Tex. Civ. Prac. & Rem. Code § 16.069 | Allows filing of counterclaims arising from same transaction even if barred by limitations, if filed within 30 days of the answer deadline | Kassab |
| 84 | 12 12 | Tex. Disciplinary R. Prof'l Conduct 8.03 | Mandatory reporting of attorney misconduct to the State Bar — cited as basis for Kassab's grievances against Pohl | Kassab |
| 85 | 13 13 | Tex. Civ. Prac. & Rem. Code § 27.005(d) | Provides that even if plaintiff establishes prima facie case, court must dismiss if movant establishes by preponderance of evidence each essential element of a valid defense | Kassab |
| 86 | 13 13 | Tex. Civ. Prac. & Rem. Code § 27.009(a) | Authorizes sanctions against party who files action subject to dismissal under TCPA in amount sufficient to deter future similar actions | Kassab |
| 109 | 16 16 | Tex. R. Civ. P. 166a(a) | Permits traditional summary judgment motion at any time after adverse party has appeared or answered | Kassab |
| 110 | 16 16 | Tex. R. Civ. P. 166a(c) | Traditional summary judgment standard — no genuine issue of material fact and entitlement to judgment as a matter of law | Kassab |
| 111 | 16 16 | Tex. Civ. Prac. & Rem. Code § 16.003(a) | Two-year statute of limitations for conversion | Kassab |
| 112 | 16 16 | Tex. Civ. Prac. & Rem. Code § 16.010(a) | Three-year statute of limitations for misappropriation of trade secrets, beginning when misappropriation was or should have been discovered through reasonable diligence | Kassab |
| 113 | 16 16 | Tex. Civ. Prac. & Rem. Code § 16.010(b) | Continuing misappropriation of trade secrets is a single cause of action and limitations begins running without regard to whether misappropriation is single or continuing | Kassab |
| 116 | 18 18 | Tex. R. Evid. 801(c) | Definition of hearsay — out-of-court statement offered for truth of the matter asserted | Kassab |
| 117 | 18 18 | Tex. R. Evid. 602 | Requirement that evidence show how witness has personal knowledge | Kassab |
| 118 | 18 18 | Tex. R. Civ. P. 166a(c) | Summary judgment standard — affidavits must be clear, positive, and direct | Kassab |
| 119 | 18 18 | Tex. R. Civ. P. 166a(f) | Affidavit must show affirmatively that witness is competent | Kassab |
| 120 | 20 20 | Tex. Civ. Prac. & Rem. Code § 16.069 | Savings provision allowing counterclaims arising from the same transaction or occurrence to be filed even if independently time-barred, provided filing within 30 days of answer deadline | Kassab |
| 121 | 20 20 | Tex. Disciplinary R. Prof'l Conduct 8.03 | Requires lawyers to report known violations of the disciplinary rules to the State Bar | Kassab |
| 132 | 23 23 | Tex. Civ. Prac. & Rem. Code § 16.069 | Savings provision allowing counterclaims arising from same transaction or occurrence to be filed even if independently time-barred, within 30 days of answer deadline | Kassab |
| 133 | 23 23 | Tex. R. Civ. P. 166a(c) | Traditional summary judgment standard | Kassab |
| 134 | 23 23 | Tex. R. Civ. P. 47(a) | Requires a short statement of the cause of action sufficient to give fair notice; does not require assignee to identify assignor | Kassab |
| 135 | 23 23 | Tex. R. Civ. P. 45(b) | Requires pleadings to consist of a statement in plain and concise language of the plaintiff's cause of action or defendant's grounds of defense | Kassab |
| 136 | 23 23 | Tex. Gov't Code § 82.0651 | Civil barratry statute; subsection (a) provides contract-based cause of action for clients; subsections (b) and (d) provide remedies of actual damages, attorney's fees, disgorgement, and civil penalties; subsection (e) mandates liberal construction to protect those in need of legal services | Kassab |
| 137 | 23 23 | Tex. R. Prof'l Conduct 1.08(h) | Prohibits a lawyer from acquiring a proprietary interest in client's cause of action, but specifically allows a lawyer to acquire a lien granted by law to secure fees or expenses | Kassab |
| 138 | 23 23 | Tex. Penal Code § 38.12 | Criminal barratry statute — felony prohibition on illegal solicitation of clients | Kassab |
| 142 | 26 26 | Tex. Civ. Prac. & Rem. Code § 33.011(6) | Defines responsible third party as a person who caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission or by other conduct that violates an applicable legal standard | Kassab |
| 143 | 26 26 | Tex. Penal Code § 38.12 | Defines barratry generally as the improper solicitation of clients | Kassab |
| 144 | 26 26 | Tex. Disc. R. Prof'l Cond. 8.03(a) | Requires a lawyer having knowledge that another lawyer has committed a violation of applicable rules of professional conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness to inform the appropriate disciplinary authority | Kassab |
| 145 | 27 27 | Tex. Civ. Prac. & Rem. Code § 16.069 | Allows counterclaims arising from the same transaction to be filed even if independently time-barred, provided filing within 30 days of answer deadline | Kassab |
| 146 | 27 27 | Tex. Penal Code § 38.12 | Referenced as defining barratry as a third-degree felony — improper solicitation of clients | Kassab |
| 147 | 27 27 | Tex. Disc. R. Prof'l Cond. 8.03 | Requires a lawyer with knowledge of another lawyer's ethical violations that raise substantial question as to honesty, trustworthiness, or fitness to inform the appropriate disciplinary authority | Kassab |
| 156 | 29 29 | Tex. Civ. Prac. & Rem. Code § 134A.007(a) | TUTSA preemption provision — displaces conflicting tort, restitutionary, and other laws providing civil remedies for misappropriation of a trade secret | Kassab |
| 157 | 29 29 | Tex. Civ. Prac. & Rem. Code § 134A.005 | Authorizes recovery of reasonable attorney's fees when TUTSA claims are made in bad faith | Kassab |
| 158 | 29 29 | Tex. Civ. Prac. & Rem. Code § 16.069 | Allows counterclaims arising from the same transaction to be filed even if independently time-barred, provided filing within 30 days of answer deadline | Kassab |
| 159 | 29 29 | Tex. Disc. R. Prof'l Cond. 8.03 | Requires a lawyer with knowledge of another lawyer's ethical violations to inform the appropriate disciplinary authority | Kassab |
| 160 | 30 30 | Tex. R. Disc. P. 17.09 | No lawsuit may be instituted against any complainant or witness predicated upon the filing of a grievance; immunity is absolute and unqualified, extends to all actions at law or in equity | Kassab |
| 161 | 30 30 | Tex. Civ. Prac. & Rem. Code § 16.010(a) | Three-year statute of limitations for trade secret misappropriation, beginning when misappropriation is discovered or should have been discovered by reasonable diligence | Kassab |
| 162 | 30 30 | Tex. Civ. Prac. & Rem. Code § 16.010(b) | Continuing misappropriation is a single cause of action; limitations begins running without regard to whether misappropriation is single or continuing act | Kassab |
| 163 | 30 30 | Tex. Civ. Prac. & Rem. Code § 16.003(a) | Two-year statute of limitations for conversion of personal property | Kassab |
| 164 | 30 30 | Tex. Civ. Prac. & Rem. Code § 134A.002(2) | 'Improper means' includes theft | Kassab |
| 165 | 30 30 | Tex. Civ. Prac. & Rem. Code § 134A.002(3) | 'Misappropriation' means acquisition by person who knows trade secret acquired by improper means | Kassab |
| 166 | 30 30 | Tex. Civ. Prac. & Rem. Code § 134A.002(3-a) | Defines 'owner' of trade secret as person in whom rightful, legal, or equitable title is reposed | Kassab |
| 167 | 30 30 | Tex. Civ. Prac. & Rem. Code § 134A.005 | Court may award reasonable attorney's fees for willful and malicious misappropriation | Kassab |
| 168 | 30 30 | Tex. R. Civ. P. 58 | Statements in a pleading may be adopted by reference in another pleading or motion | Kassab |
| 169 | 30 30 | Tex. R. Civ. P. 166a(c) | Traditional summary judgment standard — no genuine issue of material fact | Kassab |
| 170 | 30 30 | Tex. Disc. R. Prof'l Cond. 8.03 | Duty to report lawyer misconduct to disciplinary authority | Kassab |
| 171 | 30 30 | Tex. Disc. R. Prof'l Cond. 1.15 | Attorney must promptly surrender papers and property to which client is entitled | Kassab |
| 172 | 30 30 | Tex. Disc. R. Prof'l Cond. 5.05 | Prohibits Texas lawyers from practicing law in jurisdictions where it violates regulation, or assisting unauthorized practice | Kassab |
| 173 | 30 30 | LA Rev. Stat. 37:213 | Louisiana: felony for unlicensed person to practice law, provide legal advice, or advertise law office | Kassab |
| 174 | 30 30 | AL Code § 34-3-1 (2021) | Alabama: misdemeanor to engage in unauthorized practice of law | Kassab |
| 175 | 30 30 | Fla. Stat. 454.23 | Florida: unauthorized practice of law is a felony | Kassab |
| 176 | 31 31 | Tex. R. Disc. P. 17.09 | No lawsuit may be instituted against any complainant or witness predicated upon the filing of a grievance; immunity is absolute and unqualified | Kassab |
| 177 | 31 31 | Tex. Civ. Prac. & Rem. Code § 134A.007(a) | TUTSA preemption — displaces conflicting tort claims for misappropriation of trade secrets | Kassab |
| 178 | 31 31 | Tex. Civ. Prac. & Rem. Code § 134A.005 | Attorney's fees for bad faith TUTSA claims | Kassab |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE statutes (
statute_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
statute TEXT,
description TEXT,
cited_by TEXT
);