assertion_id,filing_id,assertion
764,46,Establishing barratry does not deny the factual bases of Pohl's claims or prevent establishment of claim elements
765,46,Client contracts procured through barratry are voidable (not void) and only the client can seek to void them under Tex. Gov't Code § 82.0651(a)
766,46,Not a single Pohl client contract has been declared void
767,46,Even voiding a contract would not divest an attorney of ownership of client list compilations or copies of contracts
768,46,"Barratry is not a standalone affirmative defense to conversion, TUTSA, or conspiracy claims"
769,46,There are no 'outlaws' under Texas law — Kassab's belief that Pohl engaged in barratry does not give Kassab the right to ignore Pohl's legal rights
770,46,Kassab cannot cite any Texas case where barratry was found to be an affirmative defense to trade secret theft or conversion
771,46,The unlawful acts doctrine was preempted by Dugger v. Arredondo and cannot be revived by calling it a different name
772,46,Kassab changed defense description from 'Illegality/Criminal Acts/Unlawful Acts Rule' (7th Answer) to 'Illegality/Criminal Acts' (8th Answer) after Pohl pointed out preemption
773,46,Kassab acknowledged in a different case that the unlawful acts doctrine was 'no longer good law'
774,46,"Kassab acknowledged in his own summary judgment briefing that 'contract-related affirmative defenses of release, accord and satisfaction, estoppel do not apply to Kassab'"
775,46,"Justification is a defense only to tortious interference with contract, not to Pohl's claims"
776,46,Rule 17.09 immunity requires the lawsuit to be 'predicated upon' grievance filing; Pohl's claims predated all grievances
777,46,"Pohl will no longer seek equitable/injunctive relief, eliminating any basis for unclean hands defense"
778,46,The Texas Supreme Court declared assumption of risk and contributory negligence no longer exist as independent defenses
779,46,"Kassab has no standing to enforce barratry — only State Bar, State of Texas (criminal), and affected clients can do so"