filing_sections: 533
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 533 | 67 | IV.H. Unlawful acts doctrine and privilege (MNT #9, JNOV #4-5) | Unlawful acts doctrine preempted by proportionate responsibility statute — in Dugger, Texas Supreme Court found doctrine 'no longer a viable defense.' Kassab cannot claim benefit of proportionate responsibility while also seeking unlawful acts doctrine. Even if not preempted, only applies if plaintiff needs to rely on illegal act to establish claims (Carcamo-Lopez) — Pohl did not need to establish barratry. Privilege defense: no Texas case law supports it; Kassab asks Court to be first in Texas to adopt privilege to engage in trade secret misappropriation; Alderson distinguishable (dealt with knowledge of how Medicare fraud occurred, not customer lists). |