Case Citations

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

Data license: Public court records

31 rows where filing_id = 34

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citation_id ▼ filing_id case_name citation court year proposition cited_by
324 34 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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
349 34 34 Phila. Indem. Ins. Co. v. White 490 S.W.3d 468, 483 Tex. 2016 Cited by Pohl; distinguished by Kassab as unrelated landlord-tenant case not discussing interaction of illegality defense and unlawful acts doctrine Pohl (distinguished by Kassab)
350 34 34 Lewkowicz v. El Paso Apparel Corp. 625 S.W.2d 301, 303 Tex. 1981 Cited by Pohl; distinguished by Kassab — held that illegal actions concerning leather production and jailing in Mexico violate Texas public policy Pohl (distinguished by Kassab)
351 34 34 Niles v. Harris County Fresh Water Supply Dist. 339 S.W.2d 562, 563 Tex. Civ. App.—Waco 1960 Cited by Pohl; distinguished by Kassab — affirmed that pleading of illegality was unnecessary where contract was illegal on its face Pohl (distinguished by Kassab)
352 34 34 Reid v. Associated Employers Lloyds 164 S.W.2d 584, 585-586 Tex. Civ. App.—Fort Worth 1942 Cited by Pohl; distinguished by Kassab — concerned whether illegality must be affirmatively asserted as defense to worker's compensation claim from unlading a keg of beer Pohl (distinguished by Kassab)
353 34 34 Montgomery Ward & Co. v. Lusk 52 S.W.2d 1110 Tex. Civ. App.—Waco 1932 Cited by Pohl; distinguished by Kassab — concerned whether contract requiring work for more than 9 hours a day violated a statute Pohl (distinguished by Kassab)
354 34 34 Texas & P. Coal Co. v. Lawson 89 Tex. 394, 34 S.W. 919, 921 Tex. 1896 Cited by Pohl; distinguished by Kassab — concerned legality of contract for sale of liquor Pohl (distinguished by 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
);