assertion_id,filing_id,assertion
931,55,The Amended Motion does not specify what prior motions it purports to amend
932,55,Kassab does not explain why the prior rulings denying summary judgment were wrong
933,55,The vast majority of the Amended Motion is directly copied and pasted from Kassab's prior denied MSJs
934,55,"Under 281st Court Procedure I(I), all motions to reconsider are heard by submission only"
935,55,"Kassab filed his January 4, 2023 Motion to Reconsider with the 189th District Court despite the case having been transferred"
936,55,The Amended Motion contains only 5 new exhibits (out of 65 total) and 2 new out-of-state cases
937,55,"Once Pohl provided sufficient evidence on each element in prior briefing (30+ exhibits), further no-evidence challenges on the same elements are futile"
938,55,"Kassab's sole new no-evidence argument — that Pohl must prove he is 'wholly innocent in the illegal obtainment of any client' — is not an element of any of Pohl's claims, unsupported by authority"
939,55,Kassab selectively cites testimony that is contradicted by the same witnesses in the same depositions
940,55,"Walker, Ladner, and Seymour testified both that information was theirs AND that it was Pohl's — creating disputed material facts"
941,55,Mary Arnold testified she understood Pohl owned the relevant information and it was not to be shared or discussed around third parties
942,55,"Pohl testified about reasonable steps to protect client information, confidential information, and trade secrets"
943,55,Dugger v. Arredondo explicitly found the common law unlawful acts doctrine is 'no longer a viable defense'
944,55,"Even if not preempted, Pohl does not need to rely on any illegal act to establish his claims — the illegal conduct arises in Kassab's defense, not Pohl's case"
945,55,Alderson dealt with a False Claims Act / tax characterization issue — factually inapposite to customer list trade secret protection
946,55,No Texas case has adopted the Restatement (Third) of Unfair Competition § 40 privilege to disclose trade secrets cited in Merckle GmbH