assertion_id,filing_id,assertion
253,15,"Kassab's TCPA motion was denied by operation of law and Kassab noticed an interlocutory appeal on December 18, 2018"
254,15,The interlocutory appeal triggers a mandatory stay of all trial court proceedings under § 51.014(b) — actions taken during the stay are voidable
255,15,Favre/Precision's TCPA motion was filed after the 60-day deadline without good cause
256,15,"Favre was served September 14, 2018 — Kassab filed his TCPA motion on the 40th day, which should have alerted Favre to the deadline"
257,15,"Defendants benefited from late filing by tailoring their motion to the court's reaction at the November 5, 2018 hearing"
258,15,Pohl's claims are not based on any TCPA-protected conduct — they target the wrongful sale of stolen property
259,15,Defendants filed no evidentiary support for their TCPA motion — five exhibits attached but not verified
260,15,Defendants' association argument confuses necessary and sufficient conditions — TCPA can apply to trade secret claims but does not necessarily apply to all
261,15,Defendants' free speech argument improperly focuses on post-wrongful-act conduct rather than the factual basis of liability
262,15,The commercial speech exception under § 27.010(b) bars TCPA application because Precision is primarily in the marketing business
263,15,Defendants' Motion does not even attempt to argue the commercial exception doesn't apply to Precision
264,15,Kassab supplied an affidavit admitting he obtained from Defendants information including names and addresses of Pohl's clients
265,15,The Favre-Kassab Agreement contains indemnity and confidentiality provisions evidencing knowledge of wrongful conduct
266,15,"Favre confirmed under oath that $250,000 was paid, and between payment and April 2017 he received no fees, provided no work, and exchanged no documents"
267,15,Nicholson's testimony contradicts Favre's regarding who received the Pohl fee contracts
268,15,Defendants failed to seek dismissal of the breach of contract claim — it cannot be dismissed
269,15,"Pohl's claims accrued from the November 10, 2016 Favre-Kassab Agreement, well within all limitations periods"
270,15,Pohl was not aware of the sale of his information during the two-year period prior to filing
271,15,"Defendants provided no evidentiary support for attorney's fees — no affidavit documenting services, rates, or time"