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Filing Sections

553 document sections with headings and summaries

Data license: Public court records

5 rows where filing_id = 40

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section_id ▼ filing_id heading summary
292 40 40 Objections to Pohl Declaration (Traditional MSJ Response) Defendants object to approximately 20 paragraphs/statements in Pohl's September 12, 2022 declaration on grounds of: conclusory statements, hearsay, improper lay/expert opinion on legal issues (trade secret status, ownership, possessory interest), vagueness about who at 'Precision' made representations, failure to meet 'clear, positive and direct' standard for interested-witness testimony under Rule 166a(c), and belief statements not constituting competent evidence. Key targeted paragraphs: ¶4 (shared office with contractors), ¶6 (Mississippi attorney review), ¶¶10-11 (Precision representations), ¶12 (ownership/trade secret claims), ¶13 (client list compilation), ¶14 (confidentiality instructions), ¶15 (security measures), ¶16 (denial of barratry), ¶17 (unauthorized practice), ¶18 (fee-sharing denial), ¶20 (attorney consultation), ¶¶21-22 (Precision services), ¶23 (Precision stealing), ¶¶24-25 (theft of property), ¶26 (sanctions), ¶27 (economic value), ¶28 (damages), ¶¶29-30 (no barratry), ¶31 (unawareness of sale), ¶32 (grievance allegations).
293 40 40 Objections to Pohl's Exhibits (Traditional MSJ Response) Defendants object to State Bar and Board of Disciplinary Appeals dismissal letters (Exhibits F through P, T) as hearsay and irrelevant — grievance outcomes are not res judicata in civil matters (Charles v. Diggs; Tex. R. Disc. P. 17.03). Object to Santana letter (Exhibit R) and audio transcription (Exhibit S) as hearsay. Object to counsel emails/letter (Exhibit Y) as hearsay.
294 40 40 Additional Evidence Offered by Defendants Defendants attach complete depositions under Rule 107 (optional completeness): Exhibit 1 (Ladner), Exhibit 2 (Seymour), Exhibit 3 (Walker), taken Aug. 29-31, 2022. Highlighted testimony: Ladner — Precision owned marketing/client lists (44-45), Helping Hands decided which firms to refer clients to (55-56, 62-64), Ladner did own research for MVA cases (97, 285-89), Pohl was splitting fees with Precision and contracts were a smokescreen (77-79, 83-85, 94-95, 269-271, 276, 287-288, 398-416, 443), forms/marketing lists belonged to Precision (128-29), Pohl never told Ladner to return documents (133, 173-74), BP claimants were clients of Precision first (214-215), Pohl never told Ladner to keep information confidential (232-35, 264-65, 500-502), spreadsheets/pre-questionnaire forms belonged to Precision (244-245, 262-263), Pohl committed barratry (274-280, 285-86), Helping Hands/GM Verification signed up claimants as own clients (444). Seymour — Pohl never said client lists were confidential (96-98, 147-149, 221-222). Walker — marketing lists were Precision's work product (232-33, 237-242), initial screening forms were Precision's work product (237-242).
295 40 40 Objections to No-Evidence MSJ Response Defendants incorporate all above objections for the no-evidence response. Additional objections: Exhibit BB (Omnibus Transcript) — hearsay; Exhibit D (grievance documents) — hearsay and irrelevant per Charles v. Diggs and Rule 17.03; Exhibit S (Zavitsanos Report) — hearsay, unsworn; Exhibit T (Pohl Deposition at 115-116) — hearsay regarding what third parties told Nicholson and nonresponsive; Exhibit Y (Pohl Declaration) — same objections as above re trade secret status, ownership, possessory interest.
296 40 40 Conclusion and Prayer Defendants request the court sustain objections and strike objectionable portions of Pohl Declaration and exhibits. With evidence struck, Pohl has no evidence to support claims, making summary judgment appropriate.

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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
);
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