assertion_id,filing_id,assertion
1049,61,Pohl's Reply was filed well after working hours the night before the hearing on entry of judgment
1050,61,"When the Court asked Pohl if any court in any jurisdiction had been flexible enough to award attorney's fees in other litigation as actual damages for a trade secret claim, the silence was telling"
1051,61,Bruce v. Oscar Renda Contracting is distinguishable because there was no Additional Certificate requiring specific unanimity certification
1052,61,"Stover is distinguishable because the predicate questions for exemplary damages (Q15 and Q16 on fraud and malice) were certified as unanimous in the Additional Certificate, unlike Q17 here"
1053,61,Bryan is distinguishable because the trial judge noticed the ambiguity and sent jury back — nothing required the party opposing exemplary damages to object
1054,61,Redwine is the case most analogous to the present case — jury's failure to certify predicate question as unanimous bars exemplary damages
1055,61,"Under Redwine, this situation does not amount to a conflicting jury finding where a party must object before discharge to preserve error"
1056,61,"Under United Scaffolding v. Levine, a defendant has no obligation to complain about a plaintiff's omission; the burden to secure proper findings is on the plaintiff"
1057,61,Section 41.003(b) provides the burden of proving exemplary damages may not be shifted to the defendant
1058,61,Kassab was not required to ask the trial court to fix an error that would result in a judgment in its favor
1059,61,"Pohl's out-of-state cases (Dunsmore, World Wide Prosthetic) authorize recovery of lost profits, fees, or commissions — not attorney's fees from other litigation"
1060,61,Pohl is not a 'malpractice plaintiff' and Akin Gump's 'malpractice plaintiff' exception does not apply
1061,61,One without clean hands cannot obtain an equitable remedy per Frazier v. Havens
1062,61,The issue on clean hands is not causation (Q4 assigned 0% to Pohl) but that one found to have engaged in 'wrongful conduct' (Q3) does not have clean hands
1063,61,The First Court of Appeals in Reynolds v. Sanchez Oil & Gas Corp. found TUTSA preempts aiding and abetting claim based on misappropriation of trade secrets under the plain language of TUTSA
1064,61,The conspiracy question (Q15) asked about conduct found in Q2 (misappropriation) — conspiracy claim is based entirely on alleged misappropriation
1065,61,Pohl acknowledges there is nothing inconsistent about the jury's findings regarding Precision
1066,61,"If there was no misappropriation when information passed from Pohl to Precision, no one downstream could have misappropriated"
1067,61,Kassab was not required to forfeit a winning hand by objecting to jury findings