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filing_sections: 189

553 document sections with headings and summaries

Data license: Public court records

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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.
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