assertion_id,filing_id,assertion
580,34,None of the four barratry suits have been adjudicated on the merits — the issue of whether Pohl committed barratry has never been decided
581,34,"The Berry case settled with Pohl paying a substantial sum, suggesting the barratry claims had merit"
582,34,The Cheatham court of appeals found evidence that Pohl and Ammons 'coordinated the barratry scheme' and that Pohl directly funded solicitation
583,34,Pohl provides no evidence — only lawyer arguments — in support of his traditional MSJ; 'motions and arguments of counsel are not evidence'
584,34,Pohl is unwilling to swear to any facts in an affidavit and not even willing to swear under oath that he did not commit barratry
585,34,Justification can be based on exercise of legal rights or good-faith claim to colorable right — motive is irrelevant when legal right is conclusively established
586,34,Kassab had a legal right to acquire evidence to support barratry claims without making himself liable (Taylor v. Tolbert)
587,34,Kassab had obligation to investigate potential claims against Pohl or risk sanctions under Rule 13
588,34,"Kassab obtained Grievance Complaint against Pohl, justified by duty to report under Rule 8.03"
589,34,"Kassab understood the Precision Marketing information was owned by Precision, not Pohl"
590,34,Favre testified Precision Marketing owned the client lists and files
591,34,"Pohl's own pleadings request injunctive relief (First Amended Petition ¶ 45) and 'equitable' relief (¶ 50), contradicting his claim that he does not seek equitable remedies"
592,34,"TUTSA requires 'rightful, legal, or equitable title' to a trade secret — Pohl's illegal acquisition through barratry negates ownership"
593,34,Pohl's own lawyers recently used the illegality defense in Duncan Litigation Investments to obtain summary judgment on a barratry-related claim
594,34,Pohl's lawyers also used illegality defense in the Mississippi Litigation against Precision Marketing's claims
595,34,Pohl's global no-evidence challenge is conclusory and fails to specify elements of each defense — it is defective under Timpte Industries v. Gish
596,34,Walker pled guilty to one count of federal program fraud and one count of conspiracy to commit federal program fraud for fraudulently diverting and misusing federal grants
597,34,Pohl knew Walker was a convicted felon yet never required confidentiality or non-disclosure agreements
598,34,Walker testified the client list and documents were Precision Marketing's 'work product'
599,34,Ladner testified 'client information' was owned by Precision Marketing
600,34,Pohl has unreasonably resisted Kassab's discovery requests relating to the illegality defense since May 2021
601,34,"Kassab filed a prior MSJ on June 8, 2021 establishing limitations, res judicata, and attorney immunity"
602,34,"Kassab's August 29, 2022 MSJ established immunity under Rule 17.09, judicial proceedings privilege, attorney immunity, limitations, unlawful acts bar, and Precision Marketing ownership of trade secrets"
603,34,"Three expert reports (Hardwick, Cooper, Cleveland) establish that Pohl committed barratry"
604,34,The Cheatham court found Walker's deposition testimony on the same allegations constituted 'some evidence' of Pohl's barratry scheme