filings: 51

68 public court filings with full text and structured metadata

Data license: Public court records

This data as json

filing_id date doc_type party description doc_type_detail procedural_posture chain outcome phase filename relief_requested full_text
51 2023-03-02 MTN Kassab Mtn to Designate Favre/Precision as RTP Kassab Defendants' Motion for Leave to Designate Scott Favre, Scott M. Favre PA, LLC and Precision Marketing Group, LLC as Responsible Third Parties Filed March 2, 2023 after Pohl inexplicably nonsuited Favre and Precision on November 21, 2022. No trial date has been set. This is a new RTP motion targeting the nonsuited former co-defendants specifically (distinct from the prior RTP motions targeting Walker, Ladner, Seymour, and others). Filed before Judge Christine Weems though the header still references the 189th Judicial District. RTP-2 GRANTED Phase 4 2023-03-02_MTN_Kassab-Mtn-to-Designate-Favre-and-Precision-as-RTP_FILED.pdf Grant leave to designate Scott Favre, Scott M. Favre PA, LLC, and Precision Marketing Group, LLC as responsible third parties 3/2/2023 11:24 AM Marilyn Burgess - District Clerk Harris County Envelope No. 73272865 By: Joshua Herrington Filed: 3/2/2023 11:24 AM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS SCOTT FAVRE, et al § 189th JUDICIALk DISTRICT KASSAB DEFENDANTS MOTION FOR LEAVE TO DECSIGNATE SCOTT FAVRE, SCOTT M. FAVRE PA, LLC AND PRECISION MARKETING GROUP, LLC AS RESPONSIBLE THIRD PARTIES Defendants, Lance Christopher Kassab and Lance Cihristopher Kassab, P.C. D/B/A The Kassab Law Firm (“Kassab”), file this, their Motion for Leave to Designate Scott Favre, Scott M. Favre, PA, LLC and Precision Marketing Group, LLC as Responsible Third Parties, and would respectfully show the following. SUMMlARY In this lawsuit, Plaintiffs MicMhael Pohl and Law Office of Michael A. Pohl, PLLC (“Pohl”) initially sued Scott Favre and Scott M. Favre, PA, LLC (collectively, “Favre”) and Precision Markieting Group, LLC (“Precision”) alleging Favre and Precision, along with Kassab, were all part of “a scheme pursuant to which they illegally obtained, moaintained, and used trade secrets and other confidential information and lproperty belonging to Pohl.”1 On November 21, 2022, Pohl inexplicably nionsuited Favre and Precision.2 Because Favre and Precision are alleged to have caused or contributed to causing the harm for which recovery of damages by Pohl is sought, Kassab files this motion requesting leave to designate Favre and Precision as responsible third parties and would ask that it be in all 1 Exhibit 1, Pohl’s First Amended Petition, at ¶ 2. 2 Exhibit 2, Pohl’s Nonsuit as to Favre and Precision. things granted. This motion is timely because there presently is no trial setting in this case. BACKGROUND Pohl alleges that he hired Precision – which was formallky owned by Mississippi residents Scott Walker and Kirk Ladner – “to providCe public relations services, to gather and preserve evidence, and to screen and liaise with Pohl’s clients/prospective clients.”3 However, the truth about whyi Pohl hired Precision was revealed when Walker and Ladner and Precision sued Pohl in Mississippi for nonpayment. See Walker v. Williamson, No. 1:14cv381-KS-JCG, 2016 U.S. Dist. LEXIS 61185 (S.D. Miss. May 9, 2016). There, Precision alleged that Pohl agreed to pay Precision and its owners “a percentlage of the attorney fees for the claims obtained from their efforts, along witMh expenses and a flat fee.” Id. at *6-7. That, of course, is a violation of the disciplinary rules. See TEX. DISC. R. PROF’L COND. 5.04(a) (providing that a lawyer shaill not share or promise to share legal fees with a nonlawyer). Moreover, “[t]here is evidence that the [Precision] contacted people and businesses in Missisosippi to determine if they might have a claim against BP, encouraged those lpeople to retain Pohl as their attorney, and were paid over $5 million in ‘bariratry pass-through money’ for their services.”4 Kassab v. Pohl, 612 S.W.3d 571, 574 (Tex. App. – Houston [1st Dist.] 2020, pet. denied). But after Precision “procured thousands of viable BP claims” and “approximately sixty motor 3 Exhibit 1, Pohl’s First Amended Petition, at ¶ 20. 4 Barratry is the unlawful and unethical “solicitation of employment to prosecute or defend a claim with intent to obtain a personal benefit.” The State Bar v. Kilpatrick, 874 S.W.2d 656, 658 n.1 (Tex. 1994). vehicle accident cases” for Pohl, he “did noy pay any of the agreed share of his fees,” causing Precision and its owners to file suit. Walker v. Williamson, No. 1:14-cv-381- KS-JCG, 2016 U.S. Dist. LEXIS 76488, at *5, 24 (S.D. Miss. Mar. 1, 2016). During the Mississippi litigation, Favre purchased Precision.5 Fkavre testified that Precision “developed proprietary marketing lists” which werCe “solely the work product and property of Precision, developed during the normal course of its marketing business” which were used “to identify potenitial clients for [Pohl].”6 Favre also testified that Pohl “solicited many of the marketing contacts (individuals and businesses) on these lists for representation” and some became clients of Pohl while others did not.7 Lance Kassab is an attorney who rlepresents clients in claims against their lawyers for legal malpractice or Mother malfeasance.8 Upon reviewing the information obtained from PACER and through his discussions with Favre, Kassab concluded that the clients wiho were solicited to hire Pohl had potential claims against Pohl and others for civil barratry pursuant to Section 82.0651 of the Texas Government Code.9 Foavre provided Kassab with information from Precision (after warranting to Kalssab that the information belonged to Precision, and not Pohl), including the inames and addresses of claimants Pohl solicited for possible BP oil spill and motor-vehicle claims.10 Kassab sent advertisement letters to Precision’s clients, informing them that they may have been a victim of barratry, that barratry 5 Exhibit 3, August 10, 2016 Affidavit of Scott Favre (“Favre Affidavit”), at ¶ 3. 6 Favre Affidavit, at ¶¶ 11-14. 7 Favre Affidavit, at ¶ 15. 8 Exhibit 4, September 12, 2022 Declaration of Lance Kassab (“Kassab Declaration”), at ¶ 3. 9 Kassab Declaration, at ¶ 6. 10 Kassab Declaration, at ¶ 8. is illegal and unethical in Texas, and that, if they were in fact solicited to hire Pohl, they would be entitled to file civil claims against Pohl.11 Literally hundreds of individuals responded, indicating that they had personally solicited to hire Pohl in their auto accident or BP claims.12 As a result, Kassab filed the fkour separate barratry lawsuits against Pohl on behalf of more than 400 clients.C13 In retaliation, Pohl filed this lawsuit against Kassab, Favre, Precision and others on August 28, 2018, while the barratry litigation wais ongoing.14 Pohl alleges that “Precision gained access to Pohl’s confidential and proprietary information and property, including trade secret materials” and “work product” and that “Favre and Precision illegally misappropriated” this information15 and then allegedly “secretly sold Pohl’s confidential information lto Kassab”16 who then “solicited clients/prospective clients [of Pohl’s] Mto act as [p]laintiffs . . . to bring cases against Pohl for alleged barratry and other claims.”17 Pohl alleged that Favre and Precision breached a settlement agrieement entered in the Mississippi litigation by “continuing to assist in the manufacture and prosecution of [barratry] claims against Pohl.”18 Pohol also alleged that Favre and Precision “willfully and maliciously misaplpropriated Pohl’s trade secrets by acquiring them through improper meanis” and then allegedly “disclose[ed] them via sale to Kassab” without 11 Kassab Declaration, at ¶ 10. 12 Kassab Declaration, at ¶ 10. 13 Kassab Declaration, at ¶ 12. 14 Kassab Declaration, at ¶ 13. 15 Exhibit 1, Pohl’s First Amended Petition, at ¶¶ 20-21. 16 Exhibit 1, Pohl’s First Amended Petition, at ¶¶ 20-21. 17 Exhibit 1, Pohl’s First Amended Petition, at ¶ 29. 18 Exhibit 1, Pohl’s First Amended Petition, at ¶ 35. Pohl’s consent.19 Pohl sued Kassab, Favre, Precision and others for conversion, theft of trade secrets, and conspiracy, asking for a judgment to be entered jointly against the defendants.20 However, on November 21, 2022, Pohl, without explanation, nonsuited Favre and Precision.21 k ARGUMENT C “A defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate that person as a respionsible third party. The motion must be filed on or before the 60th day before the trial date unless the court finds good cause to allow the motion to be filed at a later date.” TEX. CIV. PRAC. & REM. CODE § 33.004(a). Here, the Court has not yet set this case for trial. Thus, the statute requires the Court to “grant lealve to designate the named person as a responsible third party unless anothMer party files an objection to the motion for leave on or before the 15th day after the date the motion is served.” Id. at § 33.004(f). Even then, the statuite requires the Court to “grant leave to designate the person as a responsible third party unless the objecting party establishes … the defendant did not pleoad sufficient facts concerning the alleged responsibility of the person to satisfy tlhe pleading requirement of the Texas Rules of Civil Procedure[.]” Id. at § 33.004i(f). Pohl cannot make that showing here. A responsible third party is “any person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably 19 Exhibit 1, Pohl’s First Amended Petition, at ¶¶ 39-41. 20 Exhibit 1, Pohl’s First Amended Petition, at ¶¶ 36-50. 21 Exhibit 2, Pohl’s Nonsuit as to Favre and Precision. dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these.” Id. at § 33.011(6). Here, Pohl alleges that his harm is the alleged “unlawful taking” or “use” of his purported trade secret information.22 Kassab vehemently denies Pohl’s allegations. But takking them as true, Pohl’s own pleadings demonstrate that Favre and PreCcision caused or contributed to causing “in any way” the loss of or eventual alleged misuse of purported trade secret information: i 22 Exhibit 1, Pohl’s First Amended Petition, at ¶¶ 36-50. Because Pohl’s own pleadings establish Favere and precision’s potential responsibility, the Court must grant leave for Kassab to designate them as responsible third parties. See TEX. CIV. PRAC. & REM. CODE § 33.004(f). CONCLUSaION & PRAYER For the reasons stated hereifn, the Court should grant Kassab’s request for leave to designate Scott Favre, Scott M. Favre, PA, LLC and Precision Marketing Group, LLC as responsiblOe third parties. p Respectfully submitted, THE KASSAB LAW FIRM c __________________________ f LANCE CHRISTOPHER KASSAB Texas State Bar No. 00794070 U DAVID ERIC KASSAB Texas State Bar No. 24071351 NICHOLAS R. PIERCE Texas State Bar No. 24098263 1214 Elgin Street Houston, Texas 77004 Telephone: 713-522-7400 Facsimile: 713-522-7410 E-Service: eserve@kassab.law ATTORNEYS FOR KASSAB DEFENDANTS CERTIFICATE OF SERVICE I certify that on this date, March 2, 2023, I electronically filede this document with the Clerk of the Court using the eFile.TXCourts.gov electrConic filing system which will send notification of such filing to all parties or counsel of record. _____________i__________ DAVID ERIC KASSAB Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. David Kassab Bar No. 24071351 david@kassab.law r Envelope ID: 73272865 Status as of 3/2/2023 11:40 AM CST Case Contacts r i Name BarNumber Email TimestampSubmitted Status Jean C.Frizzell jfrizzell@reynoldsfrizszell.com 3/2/2023 11:24:31 AM SENT Harris Wells hwells@reynoldsgfrizzell.com 3/2/2023 11:24:31 AM SENT Todd Taylor ttaylor@jandfluaw.com 3/2/2023 11:24:31 AM SENT Scott M.Favre scott@favrepa.com 3/2/2023 11:24:31 AM SENT Lawyer Wade lawyerwyade@hotmail.com 3/2/2023 11:24:31 AM SENT Andrea Mendez anadrea@kassab.law 3/2/2023 11:24:31 AM SENT Lance Kassab lance@kassab.law 3/2/2023 11:24:31 AM SENT David Kassab odavid@kassab.law 3/2/2023 11:24:31 AM SENT Nicholas Pierce nicholas@kassab.law 3/2/2023 11:24:31 AM SENT Chris C.Pappas f cpappas@krcl.com 3/2/2023 11:24:31 AM SENT Todd Taylor ttaylor@jandflaw.com 3/2/2023 11:24:31 AM SENT Misty Davis p mdavis@reynoldsfrizzell.com 3/2/2023 11:24:31 AM SENT Non-Party Witness Billy SheCpherd bshepherd@spcounsel.com 3/2/2023 11:24:31 AM SENT Lance Kassab a l eserve@kassab.law 3/2/2023 11:24:31 AM SENT Non-Party Dona Pohl DonaLyann@yahoo.com 3/2/2023 11:24:31 AM SENT Non-Party Edgar Joaimes edgarsroom@gmail.com 3/2/2023 11:24:31 AM SENT Murray FoglerU mfogler@fbfog.com 3/2/2023 11:24:31 AM SENT Murray JFogler mfogler@foglerbrar.com 3/2/2023 11:24:31 AM SENT Andrew Johnson ajohnson@thompsoncoe.com 3/2/2023 11:24:31 AM SENT Benjamin Ritz britz@thompsoncoe.com 3/2/2023 11:24:31 AM SENT Dale Jefferson 10607900 jefferson@mdjwlaw.com 3/2/2023 11:24:31 AM SENT Raul Herman Suazo 24003021 suazo@mdjwlaw.com 3/2/2023 11:24:31 AM SENT Kevin Graham Cain 24012371 cain@mdjwlaw.com 3/2/2023 11:24:31 AM SENT Murray J. Fogler 7207300 mfogler@foglerbrar.com 3/2/2023 11:24:31 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. David Kassab Bar No. 24071351 david@kassab.law r Envelope ID: 73272865 Status as of 3/2/2023 11:40 AM CST Case Contacts r i Kelly Skelton reception@kassab.law 3/2/2023 11:24:31 AM SENT Murray J. Fogler 7207300 mfogler@foglerbrar.scom 3/2/2023 11:24:31 AM SENT

Links from other tables