assertion_id,filing_id,assertion
884,52,"Pohl does not oppose the Court ruling on Kassab's pending motion to designate responsible third parties, but contends it should be denied on the merits"
885,52,Kassab's Supplemental RTP Motion does not fix the pleading defect that caused Judge Dollinger to deny the first RTP motion — it merely copies and paraphrases the same prior factual allegations in a new order
886,52,Kassab does not explain why he believes Judge Dollinger's decision to deny the Motion to Abate was wrong
887,52,Nothing has changed since Judge Dollinger's ruling on abatement
888,52,The results in the Cheatham case — a separate lawsuit where Pohl but not Kassab is a party — cannot establish Kassab's defenses in this lawsuit
889,52,Future damages are not an uncommon occurrence and do not justify abatement; Pohl must satisfy the ordinary standard of showing damages with reasonable probability
890,52,"Kassab's unlawful acts defense has been preempted and does not apply, as laid out in Pohl's prior briefing"
891,52,Kassab improperly sought to obtain attorney-client privileged materials between Pohl and Billy Shepherd (Pohl's attorney in Cheatham)
892,52,"Kassab is counsel to the plaintiffs suing Pohl in Cheatham, making the discovery request especially problematic — seeking privileged materials from his own opposing counsel"
893,52,Kassab failed to show how the legal elements of the offensive-use doctrine were met
894,52,Kassab never showed he diligently pursued the offensive-use discovery prior to the close of discovery
895,52,Judge Dollinger was entitled to exercise discretion to limit discovery scope and deny access to privileged materials