Filing Sections

553 document sections with headings and summaries

Data license: Public court records

9 rows where filing_id = 2

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section_id ▼ filing_id heading summary
12 2 2 Rule 47 Statement Kassab Defendants, as Counter-Plaintiffs, seek monetary relief of more than $1,000,000.00.
13 2 2 Parties Identifies all parties: Plaintiff Michael A. Pohl is an individual lawyer residing in Colorado. Plaintiff Law Offices of Michael A. Pohl is a law firm for the practice of law in various states including Texas. Lists all defendants (Favre, Scott M. Favre PA LLC, Precision, Montague, Montague Pittman & Varnado, Nicholson, Baker Nicholson LLP). Kassab (LCK individually and Kassab P.C.) identified as both Defendants and Counter-Plaintiffs.
14 2 2 Jurisdiction and Venue The matter is within the court's jurisdictional limits. Venue is proper because one or more defendants reside in Harris County and a substantial part of the acts and/or omissions forming the basis of the suit occurred there.
15 2 2 General Denial Kassab generally denies all allegations by Pohl and requests the court require Pohl to carry his burden of proof on all allegations.
16 2 2 Affirmative Defenses Kassab pleads 16 affirmative defenses: (1) statute of limitations, (2) justification, (3) estoppel, (4) waiver, (5) ratification, (6) release, (7) unclean hands, (8) contribution, (9) failure to mitigate damages, (10) lack of standing, (11) accord and satisfaction, (12) assumption of the risk, (13) illegality/criminal acts, (14) First Amendment, (15) attorney immunity, and (16) in pari delicto.
17 2 2 Specific Denials Kassab specifically denies that all conditions precedent regarding Pohl's claims of conversion and theft of trade secrets were performed or occurred prior to Pohl filing suit.
18 2 2 Factual Background and Procedural History Extensive factual narrative alleging Pohl engaged in systematic barratry. LCK is a plaintiffs' legal malpractice lawyer. Kassab filed four lawsuits on behalf of over 400 clients against Pohl in four different Harris County courts. Pohl conspired with wife Donalda Pohl, paralegal Edgar Jaimes, and three Mississippi runners (Walker, Seymour, Ladner) to illegally solicit clients. Details barratry scheme using sham companies (Helping Hands, GM Settlement Verification Team, Precision Marketing). For BP litigation, runners went door-to-door; Precision paid $300-$400 per client, Pohl paid Precision up to $1,500 per client. For auto accidents, Pohl used Google Alerts for crashes, sent runners to hospitals/homes/funerals; paid up to $7,500 per client plus 33% of fees. HH Texas paid HH Mississippi $2,500 per referral. Walker testified payments were 'barratry' and he was 'a pass-through for barratry money' — over $5 million total. Santana solicited clients, was paid $5,000 per case plus fee percentage, told minorities 'were easier to sign up.' Pohl paid Santana $50,000 cash in 'trick or treat' bags to sign gag agreement. Talley solicited 800+ BP claims and 20+ auto cases, carried blank Pohl contracts. Walker eventually indicted and imprisoned. Pohl refused to pay runners; they sued in Mississippi federal court. Over 400 solicited clients contacted Kassab for representation. Kassab filed grievances against Pohl per Rule 8.03. Pohl's suit described as retaliatory.
19 2 2 Counterclaim for Civil Barratry Pohl judicially admitted barratry is not legal malpractice, discovery rule does not apply, and assignment is permitted. Kassab brings counterclaims based on 150 express assignments of interest, pursuant to Tex. Civ. Prac. & Rem. Code § 16.069 (compulsory counterclaim timely if filed within 30 days of answer deadline). Remaining counterclaims to be filed by November 7, 2018.
20 2 2 Prayer for Relief Requests Plaintiffs recover nothing; seeks actual and consequential damages, statutory damages, pre- and post-judgment interest, attorneys' fees and costs, and all other relief to which Counter-Plaintiffs may be justly entitled.

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CREATE TABLE filing_sections (
    section_id INTEGER PRIMARY KEY AUTOINCREMENT,
    filing_id INTEGER REFERENCES filings(filing_id),
    heading TEXT,
    summary TEXT
);