filing_sections: 544
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 544 | 67 | IV.S. Barratry counterclaims (MNT #22) | 189th District Court properly dismissed on multiple grounds. (1) Res judicata: counterclaims were same claims resolved by prior final judgments; Marino distinguishable (addressed unrecognized cause of action). (2) ยง 16.069 inapplicable: claims don't arise from same transaction; Kassab failed to give fair notice within 30 days because he concealed identity of assignors. (3) Civil barratry is punitive statutory claim not expressly assignable; assignments procured from current clients to evade limitations in violation of ethical rules; court empowered to invalidate on public policy (Sw. Bell Tel.; PPG Indus.). Kassab withheld who assigned claims to conceal duplicative assertion in separate lawsuit. |