filing_sections: 289
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 289 | 38 | II.B. Unlawful Acts Defense Is Preempted | Kassab's sole cited case (Andrew Shebay v. Bishop) predates Texas Supreme Court's ruling in Dugger v. Arredondo that the unlawful acts doctrine is 'no longer a viable defense' under § 33.003. Kassab and David Kassab themselves argued in Beatty v. Knighton that the doctrine was 'no longer good law,' citing Boerjan v. Rodriguez confirming Chapter 33 abrogated the doctrine. Even if available, Kassab must show proximate cause between Pohl's alleged barratry and Pohl's injuries (Arredondo v. Dugger) — the injuries arise from defendants' conversion and misappropriation, not from any alleged barratry. Kassab's unclean hands defense (mentioned once without explanation) fails because it applies only to equitable relief and requires injury to the person raising the defense (In re Nolle); damages are not equitable relief. |