filing_sections: 29

553 document sections with headings and summaries

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section_id	filing_id	heading	summary
29	4	Affirmative and Additional Defenses	Montague Defendants assert 12 affirmative defenses in the alternative, subject to their special appearance: (2.1) lack of standing/no duty owed — no attorney-client relationship with Pohl, not party to underlying litigation or settlement, and attorney immunity for referral of cases as traditional legal services; (2.2) failure to state a claim — conspiracy and related torts fail because liability for underlying tort is foreclosed where only link is bald assertion Montague 'knew' information was stolen, citing Frankoff v. Norman; (2.3) comparative responsibility/contributory negligence under Chapter 33, including reduction based on Plaintiffs, other Defendants, settling defendants, and responsible third parties; (2.4) excuse, legal justification, and good faith; (2.5) no legally cognizable damages/failure to mitigate; (2.6) failure to satisfy conditions precedent; (2.7) estoppel; (2.8) waiver; (2.9) unclean hands; (2.10) illegality; (2.11) statute of limitations; (2.12) Chapter 41 limitations on exemplary damages.