Case Citations

999 case law citations with propositions — what each case was cited for

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citation_id ▼ filing_id case_name citation court year proposition cited_by
1 4 4 Frankoff v. Norman 448 S.W.3d 75, 87 (Tex. App.—Houston [14th Dist.] 2014, no pet.) Tex. App.—Houston [14th Dist.] 2014 If the defendant's liability for the alleged underlying tort is foreclosed as a matter of law, there is no claim for conspiracy Montague
2 6 6 Reynolds v. State 2017 Tex. App. LEXIS 11059, *1-2 Texas Court of Appeals 2017 Barratry has been considered a crime in Texas since 1876; Texas outlawed having a runner solicit clients on behalf of a lawyer as far back as 1917 Kassab
3 6 6 Neese v. Lyon 479 S.W.3d 368, 376-77 (Tex. App.—Dallas 2015, no pet.) Tex. App.—Dallas 2015 The ordinary meaning of barratry is vexatious incitement to litigation especially by soliciting potential legal clients; discusses legislative history of § 82.065 and § 82.0651 Kassab
4 7 7 Adams v. Starside Custom Builders, LLC 547 S.W.3d 890 Texas Supreme Court 2018 TCPA analysis first step requires movant to demonstrate by preponderance of evidence that the statute applies; the statute 'casts a wide net' Kassab
5 7 7 ExxonMobil Pipeline Co. v. Coleman 512 S.W.3d 895 Texas Supreme Court 2017 TCPA includes expedited manner of dismissing claims brought to intimidate or silence defendant's First Amendment rights Kassab
6 7 7 Bedford v. Spassoff 520 S.W.3d 901 Texas Supreme Court 2017 Trial court must consider pleadings and affidavits when determining TCPA applicability Kassab
7 7 7 Deaver v. Desai 483 S.W.3d 668 Tex. App.—Houston [14th Dist.] 2015 Statements relating to legal services offered by attorney in the marketplace address matters of public concern under TCPA Kassab
8 7 7 Lippincott v. Whisenhunt 462 S.W.3d 507 Texas Supreme Court 2015 TCPA 'communication' definition encompasses both public and private communications Kassab
9 7 7 Avila v. Larrea 394 S.W.3d 646 Tex. App.—Dallas 2012 Attorney's legal services constitute a 'service in the marketplace' and thus a matter of public concern Kassab
10 7 7 Watson v. Hardman 497 S.W.3d 601 Tex. App.—Dallas 2016 No requirement that the subject matter of the proceeding must concern public interest for right to petition protection to apply Kassab
11 7 7 Johnson-Todd v. Morgan 480 S.W.3d 605 Tex. App.—Beaumont 2015 TCPA remedies extend to attorneys acting as agents for their clients when communicating during judicial proceedings Kassab
12 7 7 Beving v. Beadles 2018 Tex. App. LEXIS 8540 Tex. App.—Fort Worth 2018 Deposition and affidavit testimony in underlying lawsuit constitutes exercise of the right to petition Kassab
13 7 7 Elite Auto Body LLC v. Autocraft Bodywerks, Inc. 520 S.W.3d 191 Tex. App.—Austin 2017 Right of association protects sharing of confidential information between individuals joining together to pursue common interests, even when alleged to be wrongful Kassab
14 7 7 James v. Calkins 446 S.W.3d 135 Tex. App.—Houston [1st Dist.] 2014 Fraud claims against attorney and client arising out of prior litigation were protected as exercise of rights to speak, associate, and petition Kassab
15 7 7 Collins v. Collins 2018 WL 1320841 Tex. App.—Houston [1st Dist.] 2018 Conversion and fraud claims based on communications in judicial proceedings (divorce) were subject to TCPA dismissal; trial court abused discretion by denying TCPA motion Kassab
16 7 7 Reeves v. Harbor Am. Cent., Inc. 552 S.W.3d 389 Tex. App.—Houston [14th Dist.] 2018 Conversion and trade secret claims triggered TCPA analysis; trial court could not summarily conclude TCPA does not apply without conducting full analysis Kassab
17 7 7 FCLT Loans, L.P. v. Estate of Bracher 93 S.W.3d 469 Tex. App.—Houston [14th Dist.] 2002 To bring a conversion claim, the aggrieved party must have ownership, possession, or the right to immediate possession of the property Kassab
18 7 7 Trammel Crow Co. No. 60 v. Harkinson 944 S.W.2d 631 Texas Supreme Court 1997 To prevail on civil conspiracy, plaintiff must show defendant was liable for an underlying tort Kassab
19 7 7 Cantey Hanger, LLP v. Byrd 467 S.W.3d 477 Texas Supreme Court 2015 Attorneys are immune from civil liability to non-clients for actions taken in connection with representing a client in litigation; mere labeling of conduct as 'fraudulent' does not remove it from scope of representation Kassab
20 7 7 Youngkin v. Hines 546 S.W.3d 675 Texas Supreme Court 2018 Attorney immunity inquiry focuses on the kind of conduct at issue rather than the alleged wrongfulness of said conduct Kassab
21 7 7 Alpert v. Crain, Caton & James, P.C. 178 S.W.3d 398 Tex. App.—Houston [1st Dist.] 2005 Conspiracy to defraud claim was not actionable where complained-of actions involved filing of lawsuits to facilitate rendition of legal services Kassab
22 7 7 Highland Capital Mgmt., LP v. Looper Reed & McGraw, P.C. 2016 WL 164528 Tex. App.—Dallas 2016 Claims that a lawyer obtained stolen property and threatened disclosure were dismissed on attorney immunity because conduct fell 'squarely within the scope of representation' in the lawsuit; dismissal via Rule 91a Kassab
23 7 7 Exxon Corp. v. Emerald Oil & Gas Co. 348 S.W.3d 194 Texas Supreme Court 2011 Statute of limitations begins to run when party has actual knowledge of wrongful injury, even without knowing specific cause, responsible party, or full extent Kassab
24 7 7 Burns v. Rochon 190 S.W.3d 263 Tex. App.—Houston [1st Dist.] 2006 Two-year statute of limitations for conversion runs from date property is allegedly taken Kassab
25 7 7 Mayes v. Stewart 316 S.W.3d 715 Tex. App.—Houston [14th Dist.] 2010 Two-year statute of limitations applies to civil conspiracy claims Kassab
26 7 7 Barr v. Resolution Tr. Corp. 837 S.W.2d 627 Texas Supreme Court 1992 Res judicata prevents relitigation of claims that have been finally adjudicated and related matters that should have been litigated in the prior suit Kassab
27 7 7 Lemon v. Spann 633 S.W.2d 568 Tex. App.—Texarkana 1982 Judgment in first suit precludes second action by parties and privies on matters actually litigated and causes of action arising from the same subject matter Kassab
28 7 7 Ventling v. Johnson 466 S.W.3d 143 Texas Supreme Court 2015 If trial attorney's fees are mandatory under a statute, then appellate attorney's fees are also mandatory when proof of reasonable fees is presented Kassab
29 7 7 Urquhart v. Calkins 2018 Tex. App. LEXIS 5145 Tex. App.—Houston [1st Dist.] 2018 Under the TCPA, trial court does not have discretion to disallow conditional appellate attorney's fees when proof of reasonable fees is presented Kassab
30 9 9 In re Lipsky 460 S.W.3d 579 Texas Supreme Court 2015 TCPA is intended to dismiss lawsuits designed to chill First Amendment rights, not to dismiss meritorious lawsuits; prima facie case requires 'minimum quantum of evidence' supporting rational inference allegation is true; pleading showing factual basis for claim is sufficient to resist TCPA motion Pohl
31 9 9 Wayne Dolcefino & Dolcefino Communications, LLC v. Cypress Creek EMS 540 S.W.3d 194 Tex. App.—Houston [1st Dist.] 2017 Courts use a two-step procedure for TCPA dismissal; must view evidence in light most favorable to nonmovant; must show connection between claims and alleged protected conduct Pohl
32 9 9 ExxonMobil Pipeline Co. v. Coleman 512 S.W.3d 895 Texas Supreme Court 2017 Legislature included expedited manner for dismissing claims brought to intimidate or silence defendants' First Amendment rights Pohl
33 9 9 LFMC Enterprises, LLC v. Baker 546 S.W.3d 893 Tex. App.—Houston [1st Dist.] 2018 Movant bears burden of demonstrating TCPA applicability by preponderance of evidence; rights being protected must be the party's own rights, not a third party's; defendant must demonstrate specific connection between claim and protected right Pohl
34 9 9 Hersh v. Tatum 526 S.W.3d 462 Texas Supreme Court 2017 Basis of a legal action is determined by the plaintiff's allegations, not the defendant's admissions or denials; petition is the 'best and all-sufficient evidence of the nature of the action' Pohl
35 9 9 Sloat v. Rathbun 513 S.W.3d 500 Tex. App.—Austin 2015 Courts should not blindly accept defendants' attempts to characterize claims as implicating protected expression; should favor conclusion that claims are not predicated on protected expression; defendant's activities not factually predicate for claims are not pertinent to the inquiry Pohl
36 9 9 Castleman v. Internet Money Ltd. 546 S.W.3d 684 Texas Supreme Court 2018 Four-part test for commercial speech exception: (1) defendant primarily engaged in selling/leasing goods or services, (2) conduct in defendant's capacity as seller, (3) arose out of commercial transaction involving defendant's services, (4) intended audience was actual or potential customers Pohl
37 9 9 Miller Weisbrod, L.L.P. v. Llamas-Soforo 511 S.W.3d 181 Tex. App.—El Paso 2014 Attorney advertising falls within the commercial exception to the TCPA Pohl
38 9 9 NCDR, L.L.C. v. Mauze v. Bagby, P.L.L.C. 745 F.3d 742 U.S. Court of Appeals, Fifth Circuit 2014 Where a lawyer is primarily engaged in selling legal services and the speech arises from the sale of services to actual/potential clients, the solicitation falls outside TCPA protections Pohl
39 9 9 Hicks v. Group & Pension Administrators, Inc. 473 S.W.3d 518 Tex. App.—Corpus Christi 2015 Detailed pleading showing factual basis for claims is sufficient to set forth prima facie case under the TCPA Pohl
40 9 9 In re E.I DuPont de Nemours & Co. 136 S.W.3d 218 Texas Supreme Court 2004 Prima facie case requires 'minimum quantum of evidence necessary to support a rational inference that the allegation of fact is true' Pohl
41 9 9 Stockyards Nat. Bank v. Maples 95 S.W.2d 1300 Tex. Comm'n App. 1936 The petition is the 'best and all-sufficient evidence of the nature of the action' Pohl
42 9 9 Cantey Hanger, LLP v. Byrd 467 S.W.3d 477 Texas Supreme Court 2015 Attorney immunity protects actions taken while representing a client in litigation; Pohl argues Kassab had no clients at time of wrongful conduct Pohl
43 9 9 Mayes v. Stewart 316 S.W.3d 715 Tex. App.—Houston [14th Dist.] 2010 Two-year limitations for conspiracy; Pohl argues limitations has not run because Favre-Kassab Agreement was November 10, 2016 Pohl
44 9 9 Collins v. Collins 2018 WL 1320841 Tex. App.—Houston [1st Dist.] 2018 Distinguished — that case involved claims factually predicated on communications in a judicial proceeding (divorce affidavit), unlike Pohl's claims for conversion of stolen property Pohl
45 9 9 Reeves v. Harbor Am. Cent., Inc. 552 S.W.3d 389 Tex. App.—Houston [14th Dist.] 2018 Distinguished — that case simply held the trial court must conduct a full TCPA analysis rather than summarily concluding TCPA does not apply; Pohl does not deny TCPA analysis is required Pohl
46 10 10 Humphreys v. Caldwell 888 S.W.2d 469 Texas Supreme Court 1994 An affidavit must be based on the affiant's personal knowledge and must state that the facts in it are true Kassab
47 10 10 Radio Station KSCS v. Jennings 750 S.W.2d 760 Texas Supreme Court 1988 Affidavit must show witness has personal knowledge under Tex. R. Evid. 602 Kassab
48 10 10 Burke v. Satterfield 525 S.W.2d 950 Texas Supreme Court 1975 An affidavit must contain direct and unequivocal statements that, if false, would be grounds for perjury Kassab
49 10 10 Hall v. Stephenson 919 S.W.2d 454 Tex. App.—Fort Worth 1996 Affidavit must contain statements that would be grounds for perjury if false Kassab
50 10 10 Freeman v. American Motorists Ins. 53 S.W.3d 710 Tex. App.—Houston [1st Dist.] 2001 Six elements required to introduce a business record through a witness under Tex. R. Evid. 803(6) Kassab
51 10 10 Ryland Group, Inc. v. Hood 924 S.W.2d 120 Texas Supreme Court 1996 Conclusory affidavits do not raise fact issues and are incompetent evidence as a matter of law Kassab
52 10 10 Stephens v. Precision Drilling Oilfield Servs. Corp. 2013 WL 1928797 Tex. App.—Houston [1st Dist.] 2013 Conclusory affidavits are incompetent evidence as a matter of law Kassab
53 10 10 Dolcefino v. Randolph 19 S.W.3d 906 Tex. App.—Houston [14th Dist.] 2000 A conclusory statement is one that does not provide the underlying facts to support the conclusion Kassab
54 10 10 E.I. du Pont de Nemours & Co. v. Shell Oil Co. 259 S.W.3d 800 Tex. App.—Houston [1st Dist.] 2007 An affidavit is conclusory when it expresses a factual inference without stating the underlying facts on which the inference is based Kassab
55 10 10 Game Sys. v. Forbes Hutton Leasing, Inc. 2011 Tex. App. LEXIS 4098 Tex. App.—Fort Worth 2011 Statement that software 'constitutes a trade secret' was conclusory and not proper evidence Kassab
56 10 10 McCollum v. Bank of N.Y. Mellon Tr. Co. 481 S.W.3d 352 Tex. App.—El Paso 2015 Conclusory statements that conduct is 'allegedly wrongful' are insufficient to raise a fact issue Kassab
57 10 10 Celtic Props., L.C. v. Cleveland Reg'l Med. Ctr., L.P. 2015 WL 4600661 Tex. App.—Beaumont 2015 Statement that property was 'damaged' as a result of defendant's conduct was insufficient as a matter of law Kassab
58 10 10 Chapa v. Stonehaven Dev., Inc. 2013 Tex. App. LEXIS 10159 Tex. App.—Corpus Christi 2013 Statement 'we lost the profits we would have made' is conclusory because it provides no underlying facts to support the conclusion Kassab
59 10 10 Fraud-Tech, Inc. v. Choicepoint, Inc. 2006 WL 1030189 Tex. App.—Fort Worth 2006 Affidavit testimony that appellants were damaged because of alleged conversion was conclusory when affiant did not supply facts underlying its conclusions Kassab
60 10 10 Plas-Tex, Inc. v. Jones 2000 Tex. App. LEXIS 3188 Tex. App.—Austin 2000 Conclusory statements regarding value of unidentified trade secrets were insufficient to support claim of damages Kassab
61 10 10 Methodist Hosp. v. Zurich Am. Ins. Co. 329 S.W.3d 510 Tex. App.—Houston [14th Dist.] 2009 Bare assertion that opposing party's conduct was the 'causal connection' of damages was conclusory, 'substantively defective,' and no more than affiant's subjective opinion Kassab
62 10 10 In Re Kenneth George (consolidated with In Re Epic Holdings, Inc.) 28 S.W.3d 511 Texas Supreme Court 2000 The attorney is the agent of the client, and the work product generated by the attorney in representing the client belongs to the client Kassab
63 10 10 Hebisen v. State 615 S.W.2d 866 Tex. Civ. App.—Houston [1st Dist.] 1981 Contents of a client's file must be turned over to the client promptly upon request Kassab
64 10 10 Resolution Trust Corp. v. H--, P.C. 128 FRD 647 N.D. Tex. 1989 Attorney may retain a copy of the file at attorney's expense, but the original file belongs to the client Kassab
65 10 10 Nolan v. Foreman 665 F.2d 738 U.S. Court of Appeals, Fifth Circuit 1982 Client file belongs to the client; rehearing denied at 671 F.2d 1380 Kassab
66 10 10 Smith v. State 490 S.W.2d 902 Tex. Civ. App.—Corpus Christi 1972 Failure to turn over client files is willful and malicious and constitutes dishonorable conduct; retention only permitted to secure a debt if not prejudicial to client Kassab
67 10 10 Castleman v. Internet Money Ltd. 546 S.W.3d 684 Texas Supreme Court 2018 Four-part test for TCPA commercial speech exception; party asserting exemption bears burden of proving applicability; exception requires conduct arise out of sale of goods/services in a commercial transaction Kassab
68 10 10 Schimmel v. McGregor 438 S.W.3d 847 Tex. App.—Houston [1st Dist.] 2014 The party asserting the commercial speech exemption bears the burden of proving its applicability Kassab
69 15 15 In re Roser 2016 WL 2605686 Tex. App.—Houston [14th Dist.] 2016 Mandatory stay under § 51.014(b) applies to all trial court proceedings including discovery Pohl
70 15 15 In re Texas Educ. Agency 441 S.W.3d 747 Tex. App.—Austin 2014 Conducting hearings during mandatory stay was abuse of discretion violating § 51.014(b) Pohl
71 15 15 In re Bliss & Glennon, Inc. 2014 WL 50831 Tex. App.—Houston [1st Dist.] 2014 Mandamus relief granted when trial court took action during mandatory stay under § 51.014(b) Pohl
72 15 15 Roccaforte v. Jefferson County 341 S.W.3d 919 Texas Supreme Court 2011 Trial court actions taken in violation of § 51.014(b) stay are voidable, not void Pohl
73 15 15 Bacharach v. Garcia 485 S.W.3d 600 Tex. App.—Houston [14th Dist.] 2016 TCPA 60-day filing period begins from service of original petition and is not reset by amended petitions Pohl
74 15 15 Wheeler v. Green 157 S.W.3d 439 Texas Supreme Court 2005 Lawyer's failure to meet a deadline is an elementary mistake that could warrant conclusion of intent or conscious indifference Pohl
75 15 15 LFMC Enterprises, LLC v. Baker 546 S.W.3d 893 Tex. App.—Houston [1st Dist.] 2018 Defendants bear burden of demonstrating TCPA applicability by preponderance of evidence Pohl
76 15 15 In re Lipsky 460 S.W.3d 579 Texas Supreme Court 2015 TCPA is intended to dismiss lawsuits designed to chill First Amendment rights, not dismiss meritorious lawsuits; defines prima facie case standard; 'clear' means unambiguous, sure, free from doubt; 'specific' means explicit or relating to a particular named thing Pohl
77 15 15 Wayne Dolcefino & Dolcefino Communications, LLC v. Cypress Creek EMS 540 S.W.3d 194 Tex. App.—Houston [1st Dist.] 2017 Two-step TCPA procedure; movant must establish connection between claims and protected conduct; evidence viewed in light most favorable to nonmovant Pohl
78 15 15 ExxonMobil Pipeline Co. v. Coleman 512 S.W.3d 895 Texas Supreme Court 2017 Two-step TCPA procedure for expediting dismissal of claims chilling First Amendment rights Pohl
79 15 15 Hersh v. Tatum 526 S.W.3d 462 Texas Supreme Court 2017 Basis of legal action determined by plaintiff's allegations, not defendant's characterizations; petition is the best and all-sufficient evidence of the nature of the action Pohl
80 15 15 Sloat v. Rathbun 513 S.W.3d 500 Tex. App.—Austin 2015 Courts should not blindly accept defendant's recharacterization of claims; should favor conclusion claims are not predicated on protected expression; activities not factual predicate for claims are not pertinent Pohl
81 15 15 Castleman v. Internet Money Ltd. 546 S.W.3d 684 Texas Supreme Court 2018 Four-part test for TCPA commercial speech exception under § 27.010(b); discusses how the 'capacity' of the person is relevant to whether they were primarily engaged in selling goods or services Pohl
82 15 15 In re E.I. DuPont de Nemours & Co. 136 S.W.3d 218 Texas Supreme Court 2004 Prima facie case is minimum quantum of evidence to support rational inference that allegation of fact is true Pohl
83 15 15 S & S Emergency Training Sols., Inc. v. Elliott 2018 WL 6711322 Texas Supreme Court 2018 Defining 'clear and specific' evidence requirement under TCPA Pohl
84 15 15 Hicks v. Group & Pension Administrators, Inc. 473 S.W.3d 518 Tex. App.—Corpus Christi 2015 Detailed pleading allegations sufficient to establish prima facie case under TCPA Pohl
85 15 15 Prime Products, Inc. v. S.S.I. Plastics, Inc. 97 S.W.3d 631 Tex. App.—Houston [1st Dist.] 2002 Elements of a breach of contract claim Pohl
86 15 15 Stockyards Nat. Bank v. Maples 95 S.W.2d 1300 Tex. Comm'n App. 1936 Petition is the best and all-sufficient evidence of the nature of the action Pohl
87 15 15 Sullivan v. Abraham 488 S.W.3d 294 Texas Supreme Court 2016 Movant bears burden of proof on attorney's fees including documentation of services, hourly rates, and time required Pohl
88 15 15 Stine v. Stewart 80 S.W.3d 586 Texas Supreme Court 2002 Four-year statute of limitations for breach of contract Pohl
89 15 15 Mayes v. Stewart 316 S.W.3d 715 Tex. App.—Houston [1st Dist.] 2006 Limitations periods for civil conspiracy claims follow the underlying torts Pohl
90 16 16 Walker v. Williamson 2016 U.S. Dist. LEXIS 61185 S.D. Miss. 2016 Background of the Federal Court Case involving Pohl, Precision, Walker, and Ladner Kassab
91 16 16 Walker v. Williamson 2017 U.S. Dist. LEXIS 59031 S.D. Miss. 2017 Runners contracted with Pohl to provide marketing services for automobile rollover claims Kassab
92 16 16 Walker v. Williamson 2016 U.S. Dist. LEXIS 76488 S.D. Miss. 2016 Runners procured thousands of BP claims and motor vehicle cases but Pohl did not pay agreed share Kassab
93 16 16 Kassab v. Pohl 612 S.W.3d 571 Tex. App.—Houston [1st Dist.] 2020 First Court of Appeals opinion characterizing Pohl's claims and Kassab's conduct; Runners paid over $5 million in 'barratry pass-through money'; Kassab's conduct arose from commercial transaction involving legal services; intended audience were potential clients with barratry claims Kassab
94 16 16 Tex. Dep't of Parks & Wildlife v. Miranda 133 S.W.3d 217 Texas Supreme Court 2004 Purpose of summary judgment is to eliminate patently unmeritorious claims Kassab
95 16 16 Lujan v. Navistar, Inc. 555 S.W.3d 79 Texas Supreme Court 2018 Traditional summary judgment standard — no genuine issue of material fact and entitlement to judgment as a matter of law Kassab
96 16 16 Maldonado v. Maldonado 556 S.W.3d 407 Tex. App.—Houston [1st Dist.] 2018 Burden shifts to nonmovant to raise genuine issue of material fact Kassab
97 16 16 Ford Motor Co. v. Ridgway 135 S.W.3d 598 Texas Supreme Court 2004 Genuine issue of material fact exists if more than a scintilla of evidence is produced Kassab
98 16 16 Schlumberger Tech. Corp. v. Pasko 544 S.W.3d 830 Texas Supreme Court 2018 Defendant moving for summary judgment on limitations must conclusively establish the defense elements; cause of action accrues when tortious act was committed or facts authorize seeking judicial remedy Kassab
99 16 16 KPMG Peat Marwick v. Harrison Cnty. Hous. Fin. Corp. 988 S.W.2d 746 Texas Supreme Court 1999 Defendant must conclusively prove when cause of action accrued and negate discovery rule Kassab
100 16 16 United Healthcare Servs., Inc. v. First St. Hosp. LP 570 S.W.3d 323 Tex. App.—Houston [1st Dist.] 2018 Cause of action accrues when tortious act was committed and caused injury, or facts come into existence authorizing judicial remedy Kassab

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CREATE TABLE citations (
    citation_id INTEGER PRIMARY KEY AUTOINCREMENT,
    filing_id INTEGER REFERENCES filings(filing_id),
    case_name TEXT,
    citation TEXT,
    court TEXT,
    year INTEGER,
    proposition TEXT,
    cited_by TEXT
);