citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
324,34,Cheatham v. Pohl,"No. 01-20-00046-CV, 2022 Tex. App. LEXIS 6528",Tex. App.—Houston [1st Dist.],2022,"Court reversed summary judgment, finding evidence that Pohl and co-counsel coordinated the barratry scheme, Pohl directly funded solicitation, and directed case runners to solicit clients; same Walker deposition testimony as in this case constituted 'some evidence'",Kassab
325,34,Brumfield v. Williamson,"634 S.W.3d 170, 177",Tex. App.—Houston [1st Dist.],2021,"Barratry case dismissed on limitations, not on the merits",Kassab
326,34,Gandy v. Williamson,634 S.W.3d 214,Tex. App.—Houston [1st Dist.],2021,"Barratry case dismissed on limitations, not on the merits",Kassab
327,34,"Man Engines & Components, Inc. v. Shows","434 S.W.3d 132, 137",Tex.,2014,An affirmative defense presents a situation where a plaintiff cannot recover even if his claims are true because of some other fact pled as a bar,Kassab
328,34,"Money Masters, Inc. v. TRW, Inc.","No. 05-98-02017-CV, 2003 Tex. App. LEXIS 622",Tex. App.—Dallas,2003,Justification defense applied outside tortious interference context to anti-trust claims,Kassab
329,34,"Lamont v. Vaquillas Energy Lopeno, Ltd.","421 S.W.3d 198, 220",Tex. App.—San Antonio,2013,Texas courts have considered justification defense in relation to theft of trade secrets (seismic map) acquired through improper means,Kassab
330,34,Tex. Beef Cattle Co. v. Green,"921 S.W.2d 203, 211",Tex.,1996,"Justification can be based on exercise of party's own legal rights or good faith claim to colorable right; when legal right is conclusively established, motive is irrelevant",Kassab
331,34,Taylor v. Tolbert,"644 S.W.3d 637, 647",Tex.,2022,Lawyers must be able to pursue legal rights they deem necessary and proper for their clients without the menace of civil liability looming over them,Kassab
332,34,"Fetter v. Wells Fargo Bank Tex., N.A.","110 S.W.3d 683, 688",Tex. App.—Houston [14th Dist.],2003,Injunctive relief is an equitable remedy; one seeking equitable relief must come into court with clean hands,Kassab
333,34,Johnson v. Scott,"113 S.W.3d 366, 373",Tex. App.—Beaumont,2003,Motions and arguments of counsel are not evidence,Kassab
334,34,Luong v. McAllister,"No. 01-17-00198-CV, 2018 Tex. App. LEXIS 5998",Tex. App.—Houston [1st Dist.],2018,Contract between law firm and non-lawyer to solicit clients in exchange for share of attorney's fees was void due to illegality,Kassab
335,34,Plumlee v. Paddock,"832 S.W.2d 757, 760",Tex. App.—Fort Worth,1992,Court refused equitable relief where fee-sharing agreement with attorney constituted unlawful barratry,Kassab
336,34,"Duncan Litig. Invs., LLC v. Baker, Donelson, Bearman, Caldwell & Berkowitz","No. 4:19-CV-3094, 2022 U.S. Dist. LEXIS 147005",S.D. Tex.,2022,Pohl's own lawyers successfully used the illegality defense to obtain summary judgment on claim by investor who paid attorney money in exchange for share of BP litigation fees,Kassab
337,34,"Andrew Shebay & Co., P.L.L.C. v. Bishop","429 S.W.3d 644, 648-49",Tex. App.—Houston [1st Dist.],2013,"If at time of plaintiff's injury he was engaged in illegal act that contributed to the injury, he may not recover",Kassab
338,34,"Dover v. Baker, Brown, Sharman & Parker","859 S.W.2d 441, 443, 450-51",Tex. App.—Houston [1st Dist.],1993,Court denied recovery to plaintiff who sued attorney for malpractice where plaintiff had signed false affidavit on attorney's advice,Kassab
339,34,Houston Ice & Brewing Co. v. Sneed,"63 Tex. Civ. App. 17, 21, 132 S.W. 386, 388",Tex. Civ. App.,1910,The wrongdoer 'should not even entertain the hope of indemnity for the offense committed'; one party to illegal sale of alcohol could not sue the other for misrepresentation,Kassab
340,34,Timpte Indus. v. Gish,"286 S.W.3d 306, 310",Tex.,2009,No-evidence motion must be specific in challenging evidentiary support; paragraph (i) does not authorize conclusory motions or general no-evidence challenges,Kassab
341,34,"Dean v. Aurora Bank, F.S.B.","No. 01-15-00827-CV, 2016 Tex. App. LEXIS 13472",Tex. App.—Houston [1st Dist.],2016,A no-evidence summary judgment is insufficient as a matter of law if the motion is conclusory or fails to challenge a specific essential element,Kassab
342,34,Weaver v. Highlands Ins. Co.,"4 S.W.3d 826, 829 n.2",Tex. App.—Houston [1st Dist.],1999,"When a no-evidence motion does not challenge specific elements, it must be treated as a traditional motion under 166a(c), imposing burden on movant",Kassab
343,34,Hillis v. McCall,"602 S.W.3d 436, 439-40",Tex.,2020,Traditional summary judgment requires showing no genuine issue of material fact and entitlement to judgment as a matter of law,Kassab
344,34,Chavez v. Kansas City S. Ry. Co.,"520 S.W.3d 898, 900",Tex.,2017,"When movant has not met his burden, the burden does not shift and non-movant need not respond or present evidence",Kassab
345,34,"Specialty Retailers, Inc. v. Fuqua","29 S.W.3d 140, 145",Tex. App.—Houston [14th Dist.],2000,"A party should not be able to abuse the discovery process, withhold key evidence, and then use that lack of evidence to win a judgment",Kassab
346,34,McInnis v. Mallia,"261 S.W.3d 197, 204",Tex. App.—Houston [14th Dist.],2008,The fact that movant withheld information in discovery is a factor weighing in favor of permitting additional time for discovery,Kassab
347,34,"Tempay, Inc. v. TNT Concrete & Constr., Inc.","37 S.W.3d 517, 522-23",Tex. App.—Austin,2001,Trial court abused discretion in determining adequate time for discovery had passed because movant successfully resisted nonmovant's attempts to obtain discovery,Kassab
348,34,"Freezia v. IS Storage Venture, LLC","474 S.W.3d 379, 386-87",Tex. App.—Houston [14th Dist.],2015,"To establish conversion, plaintiff must show ownership, possession, or entitlement to possession of the property",Kassab