filing_sections: 78
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 78 | 10 | Reply — The Commercial Exception Does Not Apply | Argues Pohl failed to prove all four Castleman elements. The party asserting the exemption bears the burden of proving its applicability. Pohl's claims are for conversion and theft of trade secrets related to purchasing marketing lists and client files — not a 'commercial transaction involving legal services.' Kassab is not primarily engaged in purchasing marketing lists, which is the business Pohl's claims arise from. Pohl has not established that Kassab engaged in the conduct in his capacity as a seller of legal services, or that the intended audience were actual or potential customers for services Kassab is primarily engaged in. |