section_id,filing_id,heading,summary
80,11,Rule 47 Statement,"Kassab as Counter-Plaintiff seeks monetary relief of more than $1,000,000.00."
81,11,Parties,"Identifies all parties: Plaintiffs Pohl (individual, Colorado) and Law Offices of Michael A. Pohl; Defendants Favre and entities (Mississippi), Precision Marketing Group (Mississippi), Montague and firm (Mississippi), Nicholson and Baker Nicholson (Texas); Counter-Plaintiffs Lance Christopher Kassab (individual, Texas) and Kassab P.C. d/b/a The Kassab Law Firm (Texas)."
82,11,Jurisdiction and Venue,Jurisdiction and venue proper in Harris County where one or more defendants reside and substantial acts occurred.
83,11,General Denial,Generally denies all allegations and requests Pohl carry his burden of proof.
84,11,Affirmative Defenses,"17 affirmative defenses: (1) statute of limitations, (2) justification, (3) estoppel, (4) waiver, (5) ratification, (6) release, (7) unclean hands, (8) contribution, (9) failure to mitigate damages, (10) lack of standing, (11) accord and satisfaction, (12) assumption of the risk, (13) illegality/criminal acts, (14) First Amendment, (15) attorney immunity, (16) in pari delicto, (17) res judicata."
85,11,Specific Denials,Specifically denies that all conditions precedent regarding Plaintiffs' claims of conversion and theft of trade secrets were performed or occurred prior to Plaintiffs filing suit against Kassab.
86,11,Factual Background and Procedural History,"Extensive factual recitation of alleged barratry scheme: Kassab filed four lawsuits on behalf of over 400 clients against Pohl. Pohl conspired with his wife Dona, paralegal Edgar Jaimes, and three runners (Walker, Seymour, Ladner) to illegally solicit clients. Details runner operations for BP litigation ($300-400 per client obtained, $1,500 per referral), auto accident solicitation via Google Alerts with runners visiting hospitals/homes/funerals, the GM Settlement Verification Team sham entity, and the Helping Hands financing structure. Includes Santana testimony (runner who solicited dozens of cases, paid $5,000 per case plus percentage of fees), the $50,000 gag agreement delivered in 'trick or treat' bags, Talley testimony (solicited 800+ BP claims and 20+ auto cases), Walker's imprisonment and subsequent Federal Litigation against Pohl."
87,11,Counterclaim for Civil Barratry,"Expands counterclaims from 150 to 235 assigned barratry claimants. Based on Pohl's judicial admission that barratry is not legal malpractice, therefore assignment is permitted under Texas law and the discovery rule does not apply. Counterclaims filed pursuant to § 16.069 and are timely because filed within 30 days of original answer."
88,11,Designation of Responsible Third Parties,"Designates Billy Shepherd, Scott Walker, Steve Seymour, and Kirk Ladner as responsible third parties who are the sole or proximate cause of Pohl's alleged damages. Shepherd represented Pohl in Federal Litigation and negotiated settlement but wholly failed to ensure return/destruction of subject property. Shepherd's malfeasance was either negligent or intentional — may have intentionally failed to protect Pohl to secure future lucrative employment. Walker, Seymour, and Ladner sold Precision to Favre and transferred all subject assets/property to Favre. Walker testified under oath that they owned all assets and had legal right to transfer."
89,11,Prayer for Relief,"Pohl takes nothing; Kassab recovers actual and consequential damages, statutory damages, pre- and post-judgment interest, attorneys' fees and costs, and all other just relief — against Plaintiffs and/or any Third-Party Defendants."