filing_sections: 189
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 189 | 24 | III.B. Assignments contain impermissible assignments of statutory punitive claims | Kassab sets up a straw man arguing Pohl's position depends on barratry claims being DTPA claims. PPG's reasoning was explicitly not limited to DTPA claims. Kassab all but ignores the four PPG factors: legislature knew how to make claims assignable but statute is silent; statute's purpose; common-law principles against assignment of punitive claims; whether assignment increases litigation. The risks of distortion in PPG applied to a class of claims, not just the specific facts of that case. Barratry claims are personal and punitive, providing for a $10,000 penalty independent of actual damages. |