Filing Sections

553 document sections with headings and summaries

Data license: Public court records

11 rows where filing_id = 43

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section_id ▼ filing_id heading summary
305 43 43 I. Rule 47 Statement Kassab, as Counter-Plaintiff, seeks monetary relief of more than $1,000,000.
306 43 43 II. Parties Identifies all parties: Pohl (Colorado resident, individual and law firm); Favre and Precision (Mississippi); Montague (Mississippi); Nicholson (Texas); Kassab defendants as Counter-Plaintiffs (Texas).
307 43 43 III. Jurisdiction and Venue Matter is within the court's jurisdictional limits. Venue is proper in Harris County because one or more defendants reside there and a substantial part of the acts occurred there.
308 43 43 IV. General Denial Kassab generally denies all of Pohl's allegations and requires Pohl to carry his burden of proof.
309 43 43 Affirmative Defenses Kassab asserts 23 enumerated 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, (10) Lack of standing, (11) Accord and Satisfaction, (12) Assumption of the Risk, (13) Illegality/Criminal Acts, (14) First Amendment, (15) Attorney Immunity, (16) Judicial Immunity, (17) Immunity under Rule 17.09 of Texas Rules of Disciplinary Procedure, (18) In Pari Delicto, (19) Res Judicata, (20) Defect of Parties, (21) Abandonment, (22) Subject of a Valid Contract, (23) TUTSA Preemption under § 134A.007(a).
310 43 43 VI. 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's filing of suit.
311 43 43 VII. Factual Background and Procedural History (Paras 17-35) Detailed narrative alleging Pohl ran a barratry operation using runners (Walker, Seymour, Ladner) through Precision Marketing and sham companies (Helping Hands, GM Settlement Verification Team) to illegally solicit BP oil spill and auto accident victims. Runners paid per client plus percentages of attorney's fees. Pohl used Google Alerts to identify accident victims and dispatched runners to hospitals, homes, and funerals. Santana and Talley testimony described in detail. Walker eventually indicted and imprisoned. Over 400 illegally solicited clients contacted Kassab. Pohl's lawsuit characterized as frivolous retaliation.
312 43 43 VIII. Responsible Third Parties (Paras 36-43) Kassab designates Walker, Ladner, Seymour, Billy Shepherd, Dona Pohl, Edgar Jaimes, Ken Talley, and Magdalena Santana as responsible third parties under Chapter 33. Alleges Walker/Ladner/Seymour misappropriated trade secrets and sold them to Favre; Shepherd negligently or intentionally failed to protect Pohl's interests in Mississippi settlement; Dona, Jaimes, Talley, and Santana failed to safeguard Pohl's alleged trade secrets by circulating them publicly.
313 43 43 IX. Counterclaim for Civil Barratry (Paras 44-45) Based on express assignments from 242 claimants, Kassab brings counterclaims for civil barratry under Tex. Civ. Prac. & Rem. Code § 16.069 as compulsory counterclaims. Claims are timely because filed within 30 days of original answer. Notes Pohl's judicial admission that barratry is not legal malpractice and Discovery Rule does not apply.
314 43 43 X. Claim for Attorney's Fees Kassab contends Pohl's TUTSA claims were made in bad faith, entitling defendants to recover reasonable attorney's fees under Tex. Civ. Prac. & Rem. Code § 134A.005.
315 43 43 XI. Prayer for Relief Requests Pohl recover nothing and that Kassab recover actual and consequential damages, statutory damages, pre- and post-judgment interest, attorneys' fees and costs, and all other appropriate relief.

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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
);