filing_sections: 426
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 426 | 57 | I. Pohl's belated use of Rule 166(g) as a last-minute effort to decide the merits of Kassab's affirmative defenses is improper | Argues Rule 166(g) pretrial conference is not a substitute for summary judgment practice. Rule 166(g) should not be used to determine issues involving controverted facts — it is a tool to dispose of issues founded upon admitted or undisputed facts. Pohl previously sought summary judgment on Kassab's affirmative defenses but withdrew the notice after Kassab filed his response. Pohl now improperly tries to 'backdoor' the same relief through Rule 166(g). |