Filing Sections
Data license: Public court records
7 rows where filing_id = 58
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| section_id ▼ | filing_id | heading | summary |
|---|---|---|---|
| 435 | 58 58 | I. The Jury's Verdict | Summarizes key jury findings: Q1 — Pohl owned trade secrets in attorney-client fee contracts and client identity/contact information lists; Q2 — unanimous finding that Kassab, Favre, Nicholson, and Montague misappropriated those trade secrets; Q4 — fault allocation of 70% Kassab, 10% each Favre, Nicholson, Montague, 0% to Pohl and Precision Marketing Group; Q7(1) — $1,768,040 in attorneys' fees from lawsuits, appeals, and grievances Kassab filed against Pohl; Q7(2) — $250,000 fair market value for Kassab's use of trade secrets; Q7(3) — $200,000 in development costs avoided; Q8 — willful and malicious misappropriation; Q9 — $1,232,013 through trial plus conditional appellate fees ($175K court of appeals, $55K petition for review, $85K merits briefing, $60K through oral argument in Supreme Court of Texas); Q15 — Kassab in conspiracy with Favre, Nicholson, and Montague; Q17 — unanimous willful and malicious finding; Q19 — $3,000,000 exemplary damages. |
| 436 | 58 58 | II. Award of Damages | TUTSA provides non-exhaustive list of recoverable damages including actual loss and unjust enrichment (§ 134A.004(a)). Because jury found conspiracy in Q15, Kassab is jointly and severally liable and the percentages from Q4 do not reduce damages. Total of Q7(1)(a)-(f) ($1,768,040) + Q7(2) ($250,000) + Q7(3) ($200,000) = $2,218,040. After $765,000 settlement credit, actual damages total $1,453,040. |
| 437 | 58 58 | III. Award of Attorneys' Fees | Attorneys' fees are statutorily authorized under TUTSA when willful and malicious misappropriation exists (§ 134A.005(3)). Jury found willful and malicious misappropriation in Q8. Pohl entitled to $1,232,013 through trial plus conditional appellate fees found in Q9. |
| 438 | 58 58 | IV. Award of Court Costs | TRCP 131 provides the successful party recovers all costs. TRCP 303 provides when a counterclaim is pleaded, the party in whose favor final judgment is rendered recovers costs. Pohl prevailed on all claims; Kassab did not prevail on any counterclaims or affirmative defenses. Requests Kassab pay all court costs as taxed by the clerk. |
| 439 | 58 58 | V. Award of Prejudgment Interest | Prejudgment interest accrues from date suit is filed to day preceding judgment entry (§ 304.104). Rate equals postjudgment rate at time of judgment (§ 304.103). Rate is 8.50% based on Federal Reserve prime rate (§ 304.003(c)(1)). Pohl filed suit August 28, 2018. Over 1,847 days through September 18, 2023, simple interest on $1,453,040 at 8.50% = $624,986.34. Additional $338.38 per day after September 19, 2023. |
| 440 | 58 58 | VI. Award of Postjudgment Interest | Postjudgment interest mandated by statute. Section 304.001 requires money judgment to specify postjudgment interest rate. Postjudgment interest is compensation for use or detention of money, computed from signing of judgment until satisfaction (Phillips v. Bramlett). Rate is 8.50% based on prime rate. |
| 441 | 58 58 | VII. Conclusion | Requests court enter Final Judgment in the form attached as Exhibit B, and for such other relief at law or in equity to which Pohl may be 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
);