assertion_id,filing_id,assertion
1068,62,"Under Menchaca, the party who must rely on the conflicting answer to avoid the effect of answers establishing liability bore the burden to object — that is Kassab"
1069,62,Bruce v. Oscar Renda directly holds that the defendant — the party opposing exemplary damages — had the burden to object to lack of unanimity certificate before jury was discharged
1070,62,"In Bruce, there was a certificate of unanimity but it could not be used because questions were misnumbered — yet exemplary damages were still awarded"
1071,62,Stover demonstrates that not all predicate answers to a finding of exemplary damages require a certificate of unanimity — this is fatal to Kassab's argument
1072,62,"In Stover, jury did not sign unanimity certificate for questions 5 and 6 (threshold liability) but court upheld exemplary damages because later predicate questions were certified unanimous"
1073,62,"In Bryan, the defendant's counsel requested the jury be polled — Kassab should have done the same"
1074,62,Redwine predates the Texas Supreme Court's 2018 opinion in Menchaca
1075,62,Redwine is facially not on point because the court polled the jury and confirmed non-unanimity; Kassab chose not to poll the jury
1076,62,"Under TUTSA plain text, Pohl is entitled to recover 'actual loss caused by misappropriation' including damages measured by attorneys' fees in other cases"
1077,62,Kassab does not argue Pohl fails to satisfy the elements listed in Dixon for tort of another
1078,62,"There is no clean hands requirement for the tort of another theory per published precedent including Dixon, Massey, Lesikar, Standard Fire, and Symetra"
1079,62,The Texas Supreme Court's discussion of tort of another in Akin Gump indicates no clean hands requirement
1080,62,The jury did not find Pohl had unclean hands — Q3 found unspecified 'wrongful conduct' contributing to unspecified 'injury'
1081,62,"To establish unclean hands defense, Kassab must show an injury to himself arising from the conduct per Wood v. Wiggins"
1082,62,Nothing connects any wrongful conduct by Pohl to any injury to Kassab
1083,62,Kassab argues proportionate responsibility applies to TUTSA but then argues conspiracy is preempted — fails to explain the inconsistency
1084,62,Kassab falsely claims Pohl asserts no Texas caselaw supports TUTSA preemption of conspiracy — Pohl actually said Kassab has no caselaw finding there can no longer be a conspiracy to misappropriate trade secrets
1085,62,The jury never found Kassab received Pohl's trade secrets from Precision — evidence showed Favre sold them to Kassab
1086,62,"The jury found Favre misappropriated Pohl's trade secrets, which is fatal to Kassab's chain-of-liability argument"
1087,62,Kassab's representation that 'those associated with Precision did not misappropriate anything' is false given jury found Favre misappropriated
1088,62,The jury's 'No' on Precision could have many explanations — Pohl had no reason to present evidence of Precision's misconduct
1089,62,"Kassab, not Pohl, designated Precision as a responsible third party and requested Precision be listed in the jury charge"
1090,62,"If relevant, Kassab should have presented evidence and requested an affirmative jury finding that Precision did not breach any duty to Pohl"