citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
2,6,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,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,"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,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,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,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,Lippincott v. Whisenhunt,462 S.W.3d 507,Texas Supreme Court,2015,TCPA 'communication' definition encompasses both public and private communications,Kassab
9,7,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,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,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,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,"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,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,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,"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,"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,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,"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,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,"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,"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,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,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,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,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,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,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,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
46,10,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,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,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,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,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,"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,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,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,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,"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,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,"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,"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,"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,"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,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,"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,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,"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,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,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,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,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
90,16,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,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,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,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,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,"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,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,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,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,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,"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
101,16,Provident Life & Acc. Ins. Co. v. Knott,128 S.W.3d 211,Texas Supreme Court,2003,Determining accrual date is a question of law,Kassab
102,16,Burns v. Rochon,190 S.W.3d 263,Tex. App.—Houston [1st Dist.],2006,Statute of limitations for conversion is two years from date property is allegedly taken,Kassab
103,16,"Agar Corp., Inc. v. Electro Circuits Int'l, LLC",580 S.W.3d 136,Texas Supreme Court,2019,Civil conspiracy limitations follows underlying claims; trade secret and conspiracy claims barred when injury from sale was known more than three years before suit,Kassab
104,16,Exxon Corp. v. Emerald Oil & Gas Co.,348 S.W.3d 194,Texas Supreme Court,2011,"Statute of limitations begins running upon actual knowledge of wrongful injury, even without knowing specific cause, responsible party, full extent, or chances of avoidance",Kassab
105,16,"Comput. Assocs. Int'l Inc. v. Altai, Inc.",918 S.W.2d 453,Texas Supreme Court,1996,Plaintiff need not know he has a cause of action; must only know facts giving rise to the cause of action,Kassab
106,16,Sw. Energy Prod. Co. v. Berry-Helfand,491 S.W.3d 699,Texas Supreme Court,2016,Trade secret limitations begins when plaintiff should have known facts leading to discovery of misappropriation through reasonable diligence,Kassab
107,16,Tavana v. GTE Sw.,1999 Tex. App. LEXIS 5365,Tex. App.—Dallas,1999,Suit for trade secret misappropriation barred when plaintiff knew trade secrets had been misappropriated,Kassab
108,16,"Target Strike, Inc. v. Marston & Marston Inc.",524 F. App'x 939,5th Cir.,2013,Trade secret claim barred when defendant's conduct led plaintiff to believe confidential information had been misappropriated,Kassab
109,16,Barr v. Resolution Tr. Corp.,837 S.W.2d 627,Texas Supreme Court,1992,Res judicata prevents relitigation of claims finally adjudicated and related matters that should have been litigated in prior suit; subsequent suit barred if arising from same subject matter,Kassab
110,16,Travelers Ins. Co. v. Joachim,315 S.W.3d 860,Texas Supreme Court,2010,"Three elements of res judicata: prior final judgment, identity of parties or those in privity, same claims as raised or could have been raised",Kassab
111,16,"Palaxar Grp., LLC v. Williams",2014 U.S. Dist. LEXIS 138533,M.D. Fla.,2014,Conspirators deemed to be in privity for res judicata purposes,Kassab
112,16,Seenyur v. Coolidge,2018 U.S. Dist. LEXIS 5895,D. Minn.,2018,Members of a conspiracy are deemed under the law to be in privity with each other,Kassab
113,16,RSM Prod. Corp. v. Freshfields Bruckhaus Deringer US LLP,800 F. Supp. 2d 182,D.D.C.,2011,Conspirators deemed in privity for res judicata purposes,Kassab
114,16,Madera Production Co. v. Atlantic Richfield Co.,107 S.W.3d 652,Tex. App.—Texarkana,2003,Failure to add new parties to prior federal proceeding involving similar subject matter cannot be remedied by subsequent state court action,Kassab
115,16,Holloway v. Starnes,840 S.W.2d 14,Tex. App.—Dallas,1992,Res judicata summary judgment affirmed when factual allegations from prior litigation used to support new conspiracy lawsuit,Kassab
116,16,Youngkin v. Hines,546 S.W.3d 675,Texas Supreme Court,2018,"Attorney is immune from liability to nonclients for conduct within scope of representation; inquiry focuses on kind of conduct, not alleged wrongfulness; acquisition of clients and filing lawsuits are protected actions facilitating legal services",Kassab
117,16,"Cantey Hanger, LLP v. Byrd",467 S.W.3d 477,Texas Supreme Court,2015,Attorney conduct may be wrongful but still fall within scope of client representation; immunity not limited to litigation context; conduct after litigation ended still protected,Kassab
118,16,"Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C.",595 S.W.3d 651,Texas Supreme Court,2020,Criminal conduct is not categorically excepted from attorney civil immunity when connected with representing a client,Kassab
119,16,"Highland Capital Mgmt., LP v. Looper Reed & McGraw, P.C.",2016 Tex. App. LEXIS 442,Tex. App.—Dallas,2016,Claims for illegal acquisition and use of stolen proprietary information dismissed on attorney immunity when conduct fell within scope of representation in the lawsuit; characterizing conduct as fraudulent or wrongful is immaterial to immunity evaluation,Kassab
120,16,"Haynes & Boone, LLP v. NFTD, LLC",2021 Tex. LEXIS 423,Texas Supreme Court,2021,Attorney immunity applies to claims based on conduct outside the litigation context,Kassab
121,16,"Santiago v. Mackie Wolf Zientz & Mann, P.C.",2017 Tex. App. LEXIS 2092,Tex. App.—Dallas,2017,Texas courts have noted attorney immunity applies outside of the litigation context,Kassab
122,16,Sacks v. Hall,2014 Tex. App. LEXIS 12570,Tex. App.—Houston [1st Dist.],2014,Attorney not liable for filing confidential medical records because it did not constitute action foreign to duties of an attorney,Kassab
123,16,Bradt v. West,892 S.W.2d 56,Tex. App.—Houston [1st Dist.],1992,Attorney does not have a right of recovery against another attorney arising from conduct engaged in as part of discharge of duties representing a party,Kassab
142,18,"Ryland Group, Inc. v. Hood",924 S.W.2d 120,Tex.,1996,Conclusory affidavits do not raise fact issues and are incompetent evidence; interested witness's affidavit stating 'estimates' or 'believes' will not support summary judgment,Kassab
143,18,Stephens v. Precision Drilling Oilfield Servs. Corp.,2013 Tex. App. LEXIS 5700,Tex. App.—Houston [1st Dist.],2013,Conclusory affidavits do not raise fact issues,Kassab
144,18,Dolcefino v. Randolph,19 S.W.3d 906,Tex. App.—Houston [14th Dist.],2000,A conclusory statement does not provide the underlying facts to support the conclusion,Kassab
145,18,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 underlying facts,Kassab
146,18,"Bavishi v. Sterling Air Conditioning, Inc.",2011 Tex. App. LEXIS 6271,Tex. App.—Houston [1st Dist.],2011,Bare conclusions are not evidence and are not probative of any facts,Kassab
147,18,In re Cook,597 S.W.3d 589,Tex. App.—Houston [14th Dist.],2020,A client owns the contents of his or her file — contradicts Pohl's claim to own client file contents,Kassab
148,18,"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
149,18,"Essex Ins. Co. v. Mason Bros. Constr., Inc.",2004 Tex. App. LEXIS 5740,Tex. App.—Amarillo,2004,Statement that 'it appears' some fact occurred was conclusory,Kassab
150,18,McIntire v. Ramirez,109 S.W.3d 741,Tex.,2003,"Affidavit must be clear, positive and direct",Kassab
151,18,Trico Techs. v. Montiel,949 S.W.2d 308,Tex.,1997,"Interested witness's testimony must be clear, positive, direct, credible, free from contradiction and uncontroverted to establish facts",Kassab
152,18,Casso v. Brand,776 S.W.2d 551,Tex.,1989,"Testimony not meeting requirements of being clear, positive, direct will not support summary judgment",Kassab
153,18,Laidlaw Waste Sys. v. City of Wilmer,904 S.W.2d 656,Tex.,1995,Witness found not competent to testify when making only conclusory statements (property metes and bounds),Kassab
154,18,Humphreys v. Caldwell,888 S.W.2d 469,Tex.,1994,Affidavit must be based on personal knowledge and state that facts are true and correct,Kassab
155,18,Kerlin v. Arias,274 S.W.3d 666,Tex.,2008,Affidavit did not show how witness could have personal knowledge of particular events,Kassab
156,18,Radio Station KSCS v. Jennings,750 S.W.2d 760,Tex.,1988,Affidavit did not show how witness became familiar with facts about operation,Kassab