Key Assertions
Data license: Public court records
1,237 rows
This data as json, CSV (advanced)
| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 1 | 1 1 | Pohl engaged Precision Marketing Group to provide public relations, evidence gathering, and client liaison services |
| 2 | 1 1 | While working for Pohl, Precision gained access to confidential information regarding up to 10,000 or more clients/prospective clients |
| 3 | 1 1 | The confidential information included client identities, contact information, attorney-client fee agreements, specialized legal forms, proprietary administrative forms, internal emails, and marketing information |
| 4 | 1 1 | Favre and Precision, with Nicholson's assistance, stole physical copies of information, stole Pohl's computers, and misappropriated electronic data |
| 5 | 1 1 | Favre secretly sold the stolen confidential information to Kassab and Montague for $250,000 in cash plus substantial bonuses |
| 6 | 1 1 | Kassab and Montague knew the information was stolen and not Favre's to sell |
| 7 | 1 1 | Kassab used the stolen information to solicit Pohl's clients to bring barratry and other cases against Pohl |
| 8 | 1 1 | A prior federal lawsuit (No. 1:14-cv-381-KS-JCG, Southern District of Mississippi) was resolved by a Confidential Settlement Agreement in late April/early May 2017 |
| 9 | 1 1 | The Settlement Agreement required Favre and Precision to return all originals and copies of documents concerning Pohl's clients and to delete all electronically-stored information |
| 10 | 1 1 | Nicholson simultaneously served as counsel for Favre/Precision in the settlement and as co-counsel with Kassab/Montague in claims against Pohl |
| 11 | 1 1 | Favre and Precision breached the Settlement Agreement by failing to return documents, failing to delete ESI, and causing claims to be filed against Pohl |
| 12 | 1 1 | Kassab is described as a lawyer who specializes in suing other lawyers |
| 13 | 1 1 | Pohl seeks monetary relief in excess of $1,000,000.00 |
| 14 | 1 1 | Pohl timely and fully performed the Settlement Agreement |
| 15 | 1 1 | All conditions precedent to Pohl maintaining this action have been performed or have occurred |
| 16 | 2 2 | Kassab filed four lawsuits on behalf of over 400 clients against Pohl in four different courts in Harris County alleging civil barratry and conspiracy to commit barratry |
| 17 | 2 2 | Pohl conspired with his wife Donalda Pohl, paralegal Edgar Jaimes, and three Mississippi runners (Walker, Seymour, Ladner) to illegally solicit clients |
| 18 | 2 2 | Donalda Pohl owns Helping Hands Financing, LLC ('HH Texas'), a sham lending company used to solicit accident victims; Jaimes runs its day-to-day operations |
| 19 | 2 2 | Walker, Seymour, and Ladner owned Precision Marketing Group, LLC and two other sham companies (Helping Hands Group, LLC and Helping Hands Financial, LLC) |
| 20 | 2 2 | For BP litigation, runners went door-to-door soliciting clients; Precision paid runners $300-$400 per client; Pohl paid Precision up to $1,500 per client |
| 21 | 2 2 | Pohl offered to pay Walker, Seymour, and Ladner a percentage of legal fees disguised as an hourly rate of $1,500 per hour |
| 22 | 2 2 | For auto accidents, Pohl used Google Alerts to identify crashes, then sent runners to hospitals, homes, and funerals to solicit victims |
| 23 | 2 2 | For auto accidents, Pohl paid runners as much as $7,500 per client and promised runners as much as 33% of Pohl's legal fees on the back end |
| 24 | 2 2 | HH Texas paid HH Mississippi $2,500 for every client referred to HH Texas as an additional layer between Pohl and runners |
| 25 | 2 2 | Runners used Helping Hands to offer money to victims conditioned on signing contracts allowing selection of Pohl as attorney |
| 26 | 2 2 | Pohl helped runners form the 'GM Settlement Verification Team' to impersonate a General Motors entity and solicit ignition-switch recall victims |
| 27 | 2 2 | Walker, Ladner, and Precision received over $5 million in 'barratry pass-through money' from Pohl and other lawyers |
| 28 | 2 2 | Walker testified the payments were 'clear to [him] it was barratry' and considered himself 'a pass-through for barratry money' |
| 29 | 2 2 | Magdalena Santana swore under oath that Pohl sent her on 'dozens and dozens of car wreck cases' and agreed to pay her $5,000 per case plus a percentage of fees |
| 30 | 2 2 | Pohl told Santana that minorities 'were especially vulnerable' and 'were easier to sign up' |
| 31 | 2 2 | Pohl paid Santana $50,000 in cash (delivered by Jaimes in bags marked 'trick or treat') to sign a gag agreement/retraction of her affidavit |
| 32 | 2 2 | Santana testified the first solicitation involved a case where a woman and her unborn child lost their lives; she was instructed to visit the funeral and told 'take no prisoners, this is a cut throat business' |
| 33 | 2 2 | Kenneth 'Coach' Talley solicited over 20 auto accident cases and more than 800 BP claims for Pohl |
| 34 | 2 2 | Talley carried blank Pohl contracts and up to $1,000 to pay accident victims, but only after they 'were signed up' |
| 35 | 2 2 | Talley was paid $1,400 plus expenses per auto accident case by Pohl through Walker, plus a portion of fees paid to Helping Hands |
| 36 | 2 2 | Talley testified both he and Pohl knew what they were doing was illegal; Talley was once 'run out of town' while soliciting |
| 37 | 2 2 | Walker was eventually indicted and sent to prison; Pohl then refused to pay runners promised fees |
| 38 | 2 2 | Pohl has judicially admitted that Kassab contacted Pohl's clients and filed suit against Pohl on behalf of these clients |
| 39 | 2 2 | Pohl admitted that a barratry claim is not a legal malpractice case and the discovery rule does not apply |
| 40 | 2 2 | Kassab has been assigned 150 barratry claims as of the filing date |
| 41 | 2 2 | Pohl's suit against Kassab is retaliatory, filed because Kassab represented Pohl's former clients and filed grievances |
| 42 | 3 3 | Pohl was introduced to Walker, Maxwell, Robinson, and Seymour in April 2012 and Ladner approximately six to eight weeks later, all holding themselves out as professional, experienced marketing consultants |
| 43 | 3 3 | PR Consultants represented they had their own Mississippi attorneys who reviewed and approved all contracts and confirmed services were lawful |
| 44 | 3 3 | The agreement provided for hourly fees, retainer, and expenses capped at 21% of LOMAP's 40% interest in the BP representation — not a percentage-of-fees payment |
| 45 | 3 3 | The percentage-of-attorney's-fees clause was a ceiling/cap on maximum amounts, not an independent promise to pay a percentage; this was orally discussed and understood by all parties before execution |
| 46 | 3 3 | Pohl never agreed to simply pay a percentage of attorney's fees to the PR Consultants |
| 47 | 3 3 | PR Consultants were solely responsible for hiring, paying, tax withholding, supervising, and issuing tax forms for all employees and contractors |
| 48 | 3 3 | In the Federal Court Lawsuit, PR Consultants themselves alleged hourly-rate payment basis and denied entitlement to any percentage of fees (Exhibit 1-A) |
| 49 | 3 3 | PR Consultants' services were substandard: improperly vetted claims, inadequately trained and supervised staff |
| 50 | 3 3 | PR Consultants were primarily supposed to run information booths at public events (boat shows, local festivals) and answer follow-up telephone calls |
| 51 | 3 3 | PR Consultants sent falsified and inflated invoices with 'PAID' stamps dated before preparation dates and systematically overcharged Pohl |
| 52 | 3 3 | PR Consultants charged up to $1,000/week in fictitious 'miscellaneous marketing' expenses from approximately March 2013 through September 2013 |
| 53 | 3 3 | Walker admitted the 'miscellaneous marketing' characterizations were not truthful when confronted |
| 54 | 3 3 | PR Consultants secretly diverted hundreds of claimants to competing attorneys while being paid by Pohl for exclusive services |
| 55 | 3 3 | PR Consultants marketed their own services to competing attorneys offering reduced rates since Pohl was paying their overhead |
| 56 | 3 3 | The term 'barratry fees' was never used before Pohl's counterclaims in the Federal Court Lawsuit — it was concocted after PR Consultants were caught stealing |
| 57 | 3 3 | Nicholson and Favre both stated that PR Consultants admitted to stealing from Pohl (Exhibit 1-B) |
| 58 | 3 3 | Ladner admitted absconding with approximately 17 containers of client files from Pohl's office |
| 59 | 3 3 | PR Consultants and Nicholson refused to return four computers belonging to Pohl containing software, data, legal forms, trade secrets, and work product |
| 60 | 3 3 | Favre purchased the stolen materials despite being informed they were stolen; it appears Kassab eventually bought them from Favre |
| 61 | 3 3 | Julia Porter and Monica Chaney set up and operated a website using Pohl's name without authorization; Pohl sent cease and desist letters (Exhibits 1-D, 1-E) |
| 62 | 3 3 | Christopher Forrest appeared in May 2017 with a Pohl fee agreement — over three years after Pohl stopped accepting BP claims (Exhibit 1-F) |
| 63 | 3 3 | Pohl did not instruct PR Consultants to improperly solicit any persons and denies engaging in conspiracy to commit barratry |
| 64 | 3 3 | Pohl's fee arrangement with Williamson was a 60/40 split (60% Williamson, 40% Pohl) consistent with Texas law, with flexibility based on actual contribution |
| 65 | 3 3 | The $1,500/hour rate was considered excessive but accepted only because of the percentage cap |
| 66 | 3 3 | Pohl closed his Mississippi satellite office in February 2014 |
| 67 | 3 3 | Precision Marketing Group succeeded Maxwell-Walker in January 2013 |
| 68 | 4 4 | Montague Defendants had no attorney-client relationship with Pohl |
| 69 | 4 4 | Montague Defendants were not parties to the underlying Pohl litigation with Favre and Precision |
| 70 | 4 4 | Montague Defendants were not parties to or attorneys for parties to the Pohl settlement agreement |
| 71 | 4 4 | The referral of cases to specialists is a type of professional service that routinely and commonly falls within services an attorney would provide, thereby providing attorney immunity from liability |
| 72 | 4 4 | There is no basis to assert a claim of liability for conversion, theft of trade secrets, conspiracy, or otherwise against attorneys who are simply discharging traditional legal tasks |
| 73 | 4 4 | Plaintiffs' only link to Montague Defendants for each pled tort hinges on the bald assertion that they 'knew' confidential information had been stolen |
| 74 | 4 4 | Plaintiffs have no basis to allege Montague Defendants knew information was stolen |
| 75 | 4 4 | The referral of a possible case is not an unlawful act and cannot support tort claims against these Defendants |
| 76 | 4 4 | If defendant's liability for underlying tort is foreclosed as matter of law, there is no claim for conspiracy (citing Frankoff v. Norman) |
| 77 | 4 4 | Plaintiffs' own actions and decisions were not reasonable under the circumstances and charted the course for this dispute |
| 78 | 5 5 | Pohl testified under oath that Kassab, Nicholson, Montague, and others stole his files and robbed his Mississippi office |
| 79 | 5 5 | Pohl accused Kassab and co-counsel of hacking his computers and soliciting his clients with lies and material omissions to initiate suits against him |
| 80 | 5 5 | Pohl testified the crew's actions caused his clients 'to suffer damages in their own case and not get the money they were entitled to' |
| 81 | 5 5 | When pressed, Pohl clarified he did not personally witness who broke in — 'I wasn't there, and I didn't see who actually broke in and I didn't see who hacked my computer' |
| 82 | 5 5 | Pohl consistently referred to 'you, your co-counsel and your crew' rather than attributing acts to Kassab personally |
| 83 | 5 5 | Pohl alleged the theft occurred at his Gulfport, Mississippi office around 2014 and continued into 2015-2016 in connection with the closing of the office |
| 84 | 5 5 | Pohl alleged Favre paid Walker and Ladner $85,000 to rob his office based on 'private documents that I got' |
| 85 | 5 5 | Pohl alleged additional money was paid to hack his computers and sell passwords to Kassab or his co-counsel |
| 86 | 5 5 | Pohl admitted he filed no police report anywhere regarding the alleged office robbery and theft |
| 87 | 5 5 | Pohl admitted he had not filed a grievance with the State Bar against Kassab |
| 88 | 5 5 | Pohl admitted he had not contacted the Harris County DA about the alleged theft |
| 89 | 5 5 | Pohl admitted he had not contacted the Texas Attorney General about the alleged theft |
| 90 | 5 5 | Pohl explained the events 'didn't occur in Texas' so the Harris County DA 'would have nothing to do with it anyway' |
| 91 | 5 5 | Pohl's only law enforcement contact was speaking to a retired District Attorney in Oklahoma about 'the feasibility of filing charges' |
| 92 | 5 5 | Pohl explained his inaction by saying he 'prayed about it and hoped that a just result would ensue' and wanted to 'spend time to reflect on it before taking action' and not do anything 'precipitous' |
| 93 | 5 5 | Pohl stated the criminals were 'extorting money from me and they wanting millions of dollars for the return of my stolen goods' |
| 94 | 5 5 | When asked for evidence of password sale, Pohl admitted 'I haven't marshaled all the evidence' |
| 95 | 5 5 | Pohl identified the 'crew' as Kassab, Tina Nicholson, Doug Montague, June Allison, Kirk Ladner, Scott Walker, and Scott Favre |
| 96 | 6 6 | Pohl, Williamson, and Rusnak formed a joint venture and conspiracy to commit barratry in violation of Texas Penal Code § 38.12 and multiple disciplinary rules |
| 97 | 6 6 | The conspiracy illegally solicited approximately 9,800-10,000 prospective BP Deepwater Horizon clients along the Gulf Coast |
| 98 | 6 6 | Pohl, Williamson, and Rusnak agreed to split fees 40% (Pohl) / 60% (Williamson and Rusnak) |
| 99 | 6 6 | Beginning April 2012, Pohl hired Walker, Seymour, and later Ladner as runners to solicit clients |
| 100 | 6 6 | Dane Maxwell and CMV Investigations hired in early May 2012 to cold-call clients at $1,000 per client; paid up to $2.47 million |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);