citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
446,48,Lockett v. HB Zachry Co.,"285 S.W.3d 63, 72",Tex. App.—Houston [1st Dist.],2009,Texas courts recognize adoption of co-party's motion for summary judgment as procedurally legitimate,Kassab
447,48,Kassab v. Pohl,"612 S.W.3d 571, 578-79",Tex. App.—Houston [1st Dist.],2020,Court of appeals characterized Pohl's claims as arising from Kassab's purchase of client list and mailing of attorney advertisements; conduct 'arose out of a commercial transaction involving the type of legal services Kassab provides',Kassab
448,48,Walker v. Williamson,No. 1:14cv381-KS (and 2017 U.S. Dist. LEXIS),S.D. Miss.,2017,Mississippi federal litigation between Pohl and runners; referenced for background facts,Kassab
449,48,Tex. Dep't of Parks & Wildlife v. Miranda,"133 S.W.3d 217, 228",Texas Supreme Court,2004,Purpose of summary judgment is to eliminate patently unmeritorious claims and untenable defenses,Kassab
450,48,"Lujan v. Navistar, Inc.","555 S.W.3d 79, 84",Texas Supreme Court,2018,Movant must show no genuine issue of material fact and entitlement to judgment as matter of law,Kassab
451,48,Maldonado v. Maldonado,"556 S.W.3d 407, 414",Tex. App.—Houston [1st Dist.],2018,Genuine issue of material fact exists if more than scintilla of evidence produced,Kassab
452,48,Ford Motor Co. v. Ridgway,"135 S.W.3d 598, 600",Texas Supreme Court,2004,More than scintilla standard for genuine issue of material fact,Kassab
453,48,Crampton v. Farris,"596 S.W.3d 267, 274-76",Tex. App.—Houston [1st Dist.],2019,Allegations of wrongdoing in connection with prosecution of disciplinary actions are absolutely immune if predicated upon grievance filing; claim for destruction of evidence/property barred by Rule 17.09,Kassab
454,48,Burch v. State Bar of Tex.,"No. 07-19-00224-CV, 2020 Tex. App. LEXIS 1409, at *3",Tex. App.—Amarillo,2020,Rule 17.09 immunity barred claims against commission attorneys for misconduct related to grievance proceeding,Kassab
455,48,"Landry's, Inc. v. Animal Legal Def. Fund","631 S.W.3d 40, 46-50",Texas Supreme Court,2021,Judicial proceedings privilege is absolute; covers statements in all aspects of proceedings; extends to communications preliminary to proposed judicial proceedings; protects communications 'necessary to set the judicial machinery in motion',Kassab
456,48,Crain v. Smith,"22 S.W.3d 58, 62-63",Tex. App.—Corpus Christi,2000,Pre-suit statements in letter protected by judicial proceedings privilege,Kassab
457,48,Laub v. Pesikoff,"979 S.W.2d 686, 691",Tex. App.—Houston [1st Dist.],1998,"Privilege extends beyond defamation when essence of claim is damages flowing from communications in judicial proceeding; applied to intentional interference, civil conspiracy, IIED, negligence, constitutional violations",Kassab
458,48,"Tex. Mut. Ins. Co. v. Ray Ferguson Interests, Inc.","No. 01-02-00807-CV, 2006 Tex. App. LEXIS 2001, at *27-28",Tex. App.—Houston [1st Dist.],2006,Absolute privilege applied to deceptive insurance practices claim because theory of damages was based on allegations made in judicial proceeding,Kassab
459,48,Bradt v. West,"892 S.W.2d 56, 72",Tex. App.—Houston [1st Dist.],1992,Attorney does not have right of recovery under any cause of action against another attorney arising from conduct in discharge of duties representing a party,Kassab
460,48,Youngkin v. Hines,"546 S.W.3d 675, 681-82",Texas Supreme Court,2018,Attorney immune from liability to nonclients for conduct within scope of representation; inquiry focuses on kind of conduct not alleged wrongfulness; labeling conduct 'fraudulent' does not remove it from scope,Kassab
461,48,"Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C.","595 S.W.3d 651, 657",Texas Supreme Court,2020,Criminal conduct is not categorically excepted from protections of attorney civil immunity when connected with representing client in litigation,Kassab
462,48,"Cantey Hanger, LLP v. Byrd","467 S.W.3d 477, 483, 485",Texas Supreme Court,2015,Attorney's conduct may be wrongful but still fall within scope of client representation; attorney immune from conduct after litigation ended,Kassab
463,48,Taylor v. Tolbert,"644 S.W.3d 637, 642-49",Texas Supreme Court,2022,NEW AUTHORITY: Conduct prohibited by statute is subject to attorney immunity if statute does not expressly or by necessary implication abrogate the immunity defense; attorney could not be held civilly liable for conduct 'criminal in nature' committed while discharging duties to client,Kassab
464,48,"Haynes & Boone, LLP v. NFTD, LLC","631 S.W.3d 65, 78-79, 81",Texas Supreme Court,2021,Attorney immunity applies to claims based on conduct outside the litigation context; applied to lawyer conduct committed as part of business transaction,Kassab
465,48,"Highland Capital Mgmt., LP v. Looper Reed & McGraw, P.C.","No. 05-15-00055-CV, 2016 Tex. App. LEXIS 442, at *10-11",Tex. App.—Dallas,2016,Attorney immunity applied to claim of malicious conduct regarding illegal acquisition of proprietary/confidential information known to be stolen,Kassab
466,48,"Clayton v. Oldcastle Materials Tex., Inc.","No. 09-18-00063-CV, 2019 Tex. App. LEXIS 1112, at *12, 15",Tex. App.—Beaumont,2019,Attorney immunity applied to selling legal services and subsequent conduct in representing clients,Kassab
467,48,Schlumberger Tech. Corp. v. Pasko,"544 S.W.3d 830, 833-34",Texas Supreme Court,2018,Defendant moving for summary judgment on limitations must conclusively establish elements: when cause of action accrued and negate discovery rule,Kassab
468,48,KPMG Peat Marwick v. Harrison Cnty. Hous. Fin. Corp.,"988 S.W.2d 746, 748",Texas Supreme Court,1999,Defendant must conclusively prove accrual and negate discovery rule for limitations defense,Kassab
469,48,"United Healthcare Servs., Inc. v. First St. Hosp. LP","570 S.W.3d 323, 335",Tex. App.—Houston [1st Dist.],2018,"Cause of action accrues when tortious act committed and caused injury, or when facts authorize seeking judicial remedy",Kassab
470,48,Provident Life & Acc. Ins. Co. v. Knott,"128 S.W.3d 211, 221",Texas Supreme Court,2003,Determining accrual date is a question of law,Kassab
471,48,Gen. Universal Sys. v. HAL Inc.,"500 F.3d 444, 451",5th Circuit,2007,TUTSA explicitly precludes treating trade secret misappropriation as continuing tort,Kassab
472,48,"Guajardo v. Freddie Records, Inc.","No. CV H-10-02024, 2014 WL 12603179, at *2",S.D. Tex.,2014,Texas Legislature decided not to make trade secret misappropriation a continuing tort,Kassab
473,48,"Bianco v. Globus Med., Inc.","53 F. Supp. 3d 929, 938",E.D. Tex.,2014,Tort of misappropriation under Texas law occurs at the moment of misappropriation,Kassab
474,48,"Agar Corp. v. Electro Circuits Int'l, LLC","565 S.W.3d 12, 19-21",Tex. App.—Houston [14th Dist.],2016,Subsequent sale of stolen trade secrets does not restart limitations; continuing injury from each sale is not a continuing tort — the act that caused injury was the original misappropriation,Kassab
475,48,"Agar Corp., Inc. v. Electro Circuits Int'l, LLC","580 S.W.3d 136, 138, 144",Texas Supreme Court,2019,Civil conspiracy claim accrues when underlying tort accrues and shares same limitations period; conspiracy is derivative liability theory,Kassab
476,48,Rogers v. Ardella Veigel Inter Vivos Trust No. 2,"162 S.W.3d 281, 290",Tex. App.—Amarillo,2005,Continuing tort does not arise from copyrighting a song and repeatedly selling it,Kassab
477,48,"Wells Fargo Bank Nw., N.A. v. RPK Capital XVI, L.L.C.","360 S.W.3d 691, 700",Tex. App.—Dallas,2012,Limitations for conversion begins at time of unlawful taking,Kassab
478,48,"Title Source, Inc. v. HouseCanary, Inc.","612 S.W.3d 517, 527",Tex. App.—San Antonio,2020,"To bring successful TUTSA claim, claimant must first show ownership of trade secret",Kassab
479,48,"Morgan v. Clements Fluids S. Tex., Inc.","589 S.W.3d 177, 186-87",Tex. App.—Tyler,2018,Elements of TUTSA claim; ownership requirement,Kassab
480,48,"Catania v. Garage de Le Paix, Inc.","542 S.W.2d 239, 242",Tex. Civ. App.—Tyler,1976,Plaintiff who has not shown title or right to possession cannot maintain conversion suit,Kassab
481,48,In re McCann,"422 S.W.3d 701, 704-05",Tex. Crim. App.,2013,Texas Supreme Court recognized attorney is agent of client and client owns contents of file,Kassab
482,48,Thomson v. Findlater Hardware Co.,"205 S.W. 831, 832",Texas Supreme Court,1918,Client ownership of file contents,Kassab
483,48,In re George,"28 S.W.3d 511, 516",Texas Supreme Court,2000,Attorney is agent of client; work product generated by attorney in representing client belongs to client,Kassab
484,48,Hebisen v. State,615 S.W.2d 866,Tex. App.—Houston [1st Dist.],1981,'Property' in disciplinary rules means client's papers and documents in lawyer's file,Kassab
485,48,"Resolution Tr. Corp. v. H___, P.C.","128 F.R.D. 647, 648",N.D. Tex.,1989,"Entire contents of law firm's files concerning client representation belong to client, including work product",Kassab
486,48,Trammel Crow Co. No. 60 v. Harkinson,"944 S.W.2d 631, 635",Texas Supreme Court,1997,Civil conspiracy claim requires showing defendant liable for underlying tort,Kassab
487,48,"Gulf, C. & S. F. Ry. Co. v. Johnson","9 S.W. 602, 602-03",Texas Supreme Court,1888,Origin of Unlawful Acts Rule: no action will lie if plaintiff requires aid from illegal transaction,Kassab
488,48,McNally v. McNally,"No. 02-18-00142-CV, 2020 WL 5241189, at *10",Tex. App.—Fort Worth,2020,Unlawful Acts Rule remains good law; claims barred if inextricably intertwined with illegal act,Kassab
489,48,"Andrew Shebay & Co., P.L.L.C. v. Bishop","429 S.W.3d 644, 648-49",Tex. App.—Houston [1st Dist.],2013,Unlawful acts rule applies where claims inextricably intertwined with illegal act,Kassab
490,48,"Dover v. Baker, Brown, Sharman & Parker","859 S.W.2d 441, 450-51",Tex. App.—Houston [1st Dist.],1993,Unlawful acts rule deters unlawful acts; can apply even if defendant also committed unlawful act,Kassab
491,48,Truyen Luong v. McAllister,"No. 01-17-00198-CV, 2018 WL 3651103, at *3-4",Tex. App.—Houston [1st Dist.],2018,Summary judgment affirmed under Unlawful Acts Rule where solicitation was essential purpose of fee-sharing agreement; barratry contract void for illegality,Kassab
492,48,Sharpe v. Turley,"191 S.W.3d 362, 363-69",Tex. App.—Dallas,2006,Summary judgment granted under Unlawful Acts Rule where plaintiff's claim to property was founded on unlawful taking,Kassab
493,48,Alderson v. United States,"718 F. Supp. 2d 1186, 1200",C.D. Cal.,2010,Cannot receive trade secret protection for information about ongoing illegal activities; 'there simply cannot be any trade secret about ongoing illegality',Kassab
494,48,Kewanee Oil Co. v. Bicron Corp.,"416 U.S. 470, 481-82",U.S. Supreme Court,1974,Underlying justification of trade secrets law includes maintenance of standards of commercial ethics,Kassab
495,48,Merckle GmbH v. Johnson & Johnson,"961 F. Supp. 721, 733",D.N.J.,1997,"Privilege to disclose trade secrets when related to public health/safety, crime/tort, or substantial public concern; similar to whistleblower statutes",Kassab
496,48,Denson v. Dallas Cnty. Credit Union,"262 S.W.3d 846, 855",Tex. App.—Dallas,2008,Unlawful Acts Rule bars tort claims inextricably intertwined with illegal unlicensed business; will not allow indirect profit from prohibited business,Kassab
497,48,"M.M.M., Inc. v. Mitchell","265 S.W.2d 584, 585-86",Texas Supreme Court,1954,Engineer precluded from recovering fee while practicing without current license,Kassab
498,48,Farha v. Elam,"385 S.W.2d 692, 695",Tex. Civ. App.—Fort Worth,1964,Recovery denied for person practicing architecture without license; purpose of licensure is safeguarding public,Kassab
499,48,In re Williamson,"838 So.2d 226, 234",Miss. Supreme Court,2002,Practice of law in Mississippi defined as 'as little as advising a person of his legal rights',Kassab
500,48,Forbes v. St. Martin,145 So.3d 1184,Miss. App.,2013,Practice of law includes solicitation of clients and investigation of potential claims,Kassab
501,48,In re Guirard,11 So.3d 1017,La. Supreme Court,2009,Against Louisiana law for non-licensed persons to solicit and sign up clients or investigate claims,Kassab
502,48,Davis v. Alabama State Bar,676 So.2d 306,Ala. Supreme Court,1996,"Unauthorized practice of law in Alabama includes soliciting, interviewing, and signing up clients",Kassab
503,48,The Florida Bar v. Meserve,372 So.2d 1373,Fla. Supreme Court,1979,Practice of law includes soliciting and interviewing clients; assisting unauthorized practice is also violation,Kassab
504,48,Brumfield v. Williamson,634 S.W.3d 170,Tex. App.—Houston [1st Dist.],2021,Barratry lawsuit against Pohl dismissed on limitations,Kassab
505,48,Gandy v. Williamson,"634 S.W.3d 214, 219",Tex. App.—Houston [1st Dist.],2021,Barratry lawsuit against Pohl dismissed on limitations,Kassab
506,48,Cheatham v. Pohl,"No. 01-20-00046-CV, 2022 Tex. App. LEXIS 649, at *25-26",Tex. App.—Houston [1st Dist.],2022,Court of appeals reversed summary judgment for Pohl because evidence showed 'barratry scheme',Kassab
507,48,Sw. Energy Prod. Co. v. Berry-Helfand,"491 S.W.3d 699, 710-11",Texas Supreme Court,2016,"TUTSA damages comprise lost profits, defendant's profits, value investor would pay, development costs avoided, reasonable royalty",Kassab
508,48,"Sunchase IV Homeowners Ass'n, Inc. v. Atkinson","643 S.W.3d 420, 422",Texas Supreme Court,2022,Whether party entitled to attorney's fees is a question of law,Kassab
509,48,Martin-Simon v. Womack,"68 S.W.3d 793, 797-98",Tex. App.—Houston [14th Dist.],2001,Attorney's fees from prior litigation generally not recoverable as damages absent agreement,Kassab
510,48,"Tony Gullo Motors I, L.P. v. Chapa","212 S.W.3d 299, 310-11",Texas Supreme Court,2006,American Rule: attorney's fees not allowed unless authorized by statute or contract; 'so venerable and ubiquitous' it is known as the American Rule,Kassab
511,48,"Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. Nat'l Dev. & Research Corp.","299 S.W.3d 106, 119",Texas Supreme Court,2009,Texas Supreme Court declined to address whether 'tort of another' exception should be adopted,Kassab
512,48,Alvarez v. Agyemang,"No. 02-19-00301-CV, 2020 WL 719440, at *3",Tex. App.—Fort Worth,2020,Equitable exception does not allow recovery of attorney's fees absent contract or statute; Texas Supreme Court's language indicates equity does not extend this far,Kassab
513,48,Riner v. Neumann,"353 S.W.3d 312, 323",Tex. App.—Dallas,2011,Declined to adopt new equitable exception to American Rule given Supreme Court's faithful adherence,Kassab
514,48,Naschke v. Gulf Coast Conference,"187 S.W.3d 653, 655",Tex. App.—Houston [14th Dist.],2006,Declined to adopt 'tort of another' exception; not at liberty to adopt theory not enacted by Legislature or adopted by Supreme Court,Kassab
515,48,Massey v. Columbus State Bank,"35 S.W.3d 697, 701",Tex. App.—Houston [1st Dist.],2001,First Court of Appeals recognized equitable 'tort of another' exception (pre-Tony Gullo),Kassab
516,48,Stumhoffer v. Perales,"459 S.W.3d 158, 168",Tex. App.—Houston [1st Dist.],2015,Texas has long adhered to American Rule; attorney's fees not recoverable from opposing party absent statute or contract,Kassab
517,48,"Per-Se Techs., Inc. v. Sybase, Inc.","No. 01-03-01293-CV, 2005 WL 1539291, at *8",Tex. App.—Houston [1st Dist.],2005,"Under 'tort of another' exception, party not entitled to recover attorney's fees if not wholly innocent",Kassab
518,48,"Pacesetter Pools, Inc. v. Pierce Homes, Inc.","86 S.W.3d 827, 834-35",Tex. App.—Austin,2002,Court properly refused to award fees to plaintiff found partly negligent in underlying suit,Kassab
519,48,Dayton Hudson Corp. v. Eldridge,"742 S.W.2d 482, 488",Tex. App.—Dallas,1987,Not innocent party forced to incur costs; fees not recoverable as damages,Kassab
520,48,Conmar Products Corp. v. Universal Slide Fastener Co.,172 F.2d 150,2d Circuit,1949,No remedy for period subsequent to disclosure of trade secret,Kassab
521,48,Carboline Co. v. Jarboe,454 S.W.2d 540,Mo. Supreme Court,1970,Monetary relief limited to period it would have taken to discover trade secret without misappropriation,Kassab
522,48,Howell v. Hilton Hotels,"84 S.W.3d 708, 711-12",Tex. App.—Houston [1st Dist.],2002,Burden shifts to non-movant to produce evidence raising fact issue on challenged elements,Kassab
523,48,"Boales v. Brighton Builders, Inc.","29 S.W.3d 159, 164",Tex. App.—Houston [14th Dist.],2000,Evidence so weak as to create 'mere surmise or suspicion' is no evidence at all,Kassab
524,48,Marathon Corp. v. Pitzner,"106 S.W.3d 724, 727-28",Texas Supreme Court,2003,"Some suspicion linked to other suspicion produces only more suspicion, not some evidence",Kassab
525,48,"Johnson v. Brewer & Pritchard, P.C.","73 S.W.3d 193, 210",Texas Supreme Court,2002,Suspicion standard cited for no-evidence MSJ,Kassab
526,48,"Freezia v. IS Storage Venture, LLC","474 S.W.3d 379, 386-87",Tex. App.—Houston [14th Dist.],2015,"Elements of conversion: ownership/possession, unauthorized control, demand and refusal",Kassab
527,48,Wiese v. Pro Am Svcs. Inc.,"317 S.W.3d 857, 862",Tex. App.—Houston [14th Dist.],2010,"Conversion damages: return of property plus loss of use, or value of property",Kassab
528,48,"Malone v. PLH Group, Inc.","No. 01-19-00016-CV, 2020 WL 1680058, at *5",Tex. App.—Houston [1st Dist.],2020,"TUTSA elements: owned trade secret, misappropriated, proximately caused damages",Kassab
529,48,Tri v. J.T.T.,"162 S.W.3d 552, 556",Texas Supreme Court,2005,"Five elements of civil conspiracy: combination, object, meeting of minds, unlawful overt acts, proximate damages",Kassab
530,48,Haynes v. Bryan,"No. 01-20-00685-CV, 2022 WL 2024837, at *4",Tex. App.—Houston [1st Dist.],2022,Civil conspiracy elements,Kassab
531,48,"Kindred v. Conn/Chem., Inc.","650 S.W.2d 61, 63",Texas Supreme Court,1983,No-evidence standard cited,Kassab