citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
237,24,Marino v. State Farm Fire & Cas. Ins. Co.,787 S.W.2d 948,Tex.,1990,"Distinguished — Marino dealt with a cause of action not recognized until after the first judgment (bad faith tort claim); here, the barratry claims existed and were adjudicated before the purported assignments",Pohl
238,24,City of Lubbock v. Stubbs,327 S.W.2d 411,Tex.,1959,Distinguished — Stubbs involved a new zoning ordinance and different 'present use' of land in each suit; here Kassab asserts the exact same claims that were previously adjudicated,Pohl
239,24,"Hernandez v. Del Ray Chem. Intern., Inc.",56 S.W.3d 112,Tex. App.—Houston [14th Dist.],2001,Courts focus on whether a claim existed and was 'a claim that was raised or that could have been raised in the first action',Pohl
240,24,"Commint Tech. Services, Inc. v. Quickel",314 S.W.3d 646,Tex. App.—Houston [14th Dist.],2010,"Kassab's own cited case states the logical relationship test 'is met when the same facts, which may or may not be disputed, are significant and logically relevant to both claims' — Kassab omitted 'significant'",Pohl
241,24,Smith v. Ferguson,160 S.W.3d 115,Tex. App.—Dallas,2005,Section 16.069 does not apply when the essential facts on which the counterclaim is based are not significantly and logically relevant to both claims,Pohl
242,24,"Ball v. SBC Communications, Inc.",2003 WL 21467219,Tex. App.—San Antonio,2003,Public interest would be hindered by allowing a party to circumvent limitations by relying on section 16.069,Pohl
243,24,Ferguson v. Bldg. Materials Corp. of Am.,295 S.W.3d 642,Tex.,2009,Judicial estoppel precludes a party who 'successfully maintains' a position from adopting a clearly inconsistent position; Kassab omitted the 'successfully' requirement,Pohl
244,24,"PPG Industries, Inc. v. JMB/Houston Centers Partners Ltd. P'ship",146 S.W.3d 79,Tex.,2004,The four-factor assignability analysis applies beyond DTPA claims; 'the assignability of most claims does not mean all are assignable; exceptions may be required due to equity and public policy'; risks of distortion concern the class of claims; legislature's silence on assignability 'can be significant',Pohl
245,24,Sw. Bell Tel. Co. v. Mktg. on Hold Inc.,308 S.W.3d 909,Tex.,2010,Assignments that tend to increase or prolong litigation unnecessarily or serve as transparent devices to increase and distort litigation may be void,Pohl
246,24,"LAKXN Income, Inc. v. TLC Hosp., LLC",2021 WL 3085755,Tex. App.—Fort Worth,2021,Assignments used as transparent devices to increase and distort litigation are subject to invalidation,Pohl
247,24,Kassab v. Pohl,612 S.W.3d 571,Tex. App.—Houston [1st Dist.],2020,Kassab's citation to this case's discussion of 'past litigation' does not constitute competent evidence of unclean hands,Pohl
248,24,"M.A. Mills, P.C. v. Kotts",2022 WL 176125,Tex. App.—Houston [14th Dist.],2022,"Kassab misleadingly cited — court explicitly stated courts 'may deem these rules to be an expression of public policy, so that a contract violating them is unenforceable as against public policy' — the word 'may' gives courts discretion, not a prohibition",Pohl
249,24,Low v. Henry,221 S.W.3d 609,Tex.,2007,"Fair notice requires a party to be able to ascertain the nature, basic issues, and type of relevant evidence from the pleading",Pohl