assertion_id,filing_id,assertion
393,23,Kassab and his clients executed 242 Limited Assignments to revive barratry claims dismissed on limitations in Brumfield and Gandy
394,23,The Assignments assigned only the clients' barratry claims against Pohl to Kassab in consideration of Kassab's continued work on the claims
395,23,"Under the Assignments, Kassab would deduct his 40% contingency fee and the remaining 60% would go to the clients"
396,23,"Kassab filed his third amended counterclaim within 30 days of his answer being due, asserting 242 barratry claims"
397,23,One of the four barratry suits (Berry) settled for a confidential amount
398,23,The Cheatham case was wrongly dismissed on summary judgment and was reversed and remanded by the court of appeals
399,23,Both Pohl's claims and Kassab's counterclaims arise from the same relationship between Pohl and Precision
400,23,Pohl engaged Precision to 'liaise' with prospective clients; Kassab alleges this 'liaising' was actually illegal barratry
401,23,The client information Pohl claims was stolen was acquired by Precision while performing the very barratry that underlies the counterclaims
402,23,"Pohl argued to the Texas Supreme Court that the Assignments were valid, quoting 'on its face, the documents assign any and all barratry claims [so] the Assignor retains no justiciable interest in the claims'"
403,23,A civil barratry claim under Section 82.0651(a) is a 'contract-based' claim per Cheatham v. Pohl
404,23,Brumfield court rejected as 'misplaced' the analogy between legal malpractice and civil barratry claims because solicitation occurs before attorney-client relationship formation
405,23,PPG Industries carved out equitable assignments such as contingent-fee interests assigned to a consumer's attorney
406,23,"The civil barratry statute does not provide for mental anguish or punitive damages, only actual damages, attorney's fees, disgorgement, and civil penalties"
407,23,"Even if the Assignments violated Rule 1.08(h), that alone is insufficient to void them under Wright v. Sydow and M.A. Mills v. Kotts"
408,23,Pohl paid Precision and its members over $5 million in 'barratry pass-through money'
409,23,Voiding the Assignments would injure unknowing clients and the public by rewarding Pohl for concealing criminal conduct
410,23,Pohl did not assert claims against Kassab in the Federal Court Case despite testifying he knew Kassab was part of the 'team of thieves'
411,23,"Kassab's counterclaim included seven pages of supporting facts, a specific cause of action, jurisdictional amount, and prayer for affirmative relief — unlike the one-sentence averment in Rogers"