assertion_id,filing_id,assertion
1147,66,"In December 8, 2023 recorded call, Walker confessed he and Ladner were promised 30% of any judgment in exchange for depositions, testimony, and positions on certain things"
1148,66,Walker stated Pohl made the 30% offer before their depositions and they were 'coached on how to be deposed'
1149,66,Walker admitted 'the whole premise of the depositions was based on the 30 percent that we were promised'
1150,66,"Walker acknowledged 'some of the things that we were doing was, in fact, barratry' and 'I still feel like it was and I think—I do believe it was'"
1151,66,"Walker initially signed agreement confirming 17 boxes of materials were owned by Precision, not Pohl, but reversed position after coaching"
1152,66,"In Mississippi deposition, Walker testified Pohl paid Precision $5 million in 'barratry money' and 'it was clear to him it was barratry'"
1153,66,"In this case, Walker recanted and claimed lawyer Nicholson 'taught him' and 'advised him to lie' about barratry"
1154,66,Kassab decided not to call Walker and Ladner as live witnesses because their deposition testimony reversed from Mississippi litigation
1155,66,"Pohl's office manager Mary Francis Arnold testified she did not consider attorney-client contracts trade secrets, never secured them 'in any form or fashion,' and Pohl never told her they were trade secrets"
1156,66,"Arnold testified Precision's owners kept information in a storage unit to which anyone could have access, and she kept information at home in unlocked cabinets"
1157,66,"Client lists created by attorney Jimmy Williamson and Precision, not by Pohl; Pohl testified he did not have a list"
1158,66,"Favre testified Precision's list was owned by Precision, not Pohl"
1159,66,Information also kept unsecured in Ladner's garage for months
1160,66,Master list of clients posted on PACER in Mississippi litigation for more than six years
1161,66,Q2 improperly tracked direct misappropriation theory (§ 134A.002(3)(A)) when Pohl only pled indirect misappropriation (§ 134A.002(3)(B))
1162,66,"Definition of 'improper means' in jury charge incorrectly included acts beyond theft, which was the only theory alleged"
1163,66,"Jury found Precision did not misappropriate (Q2(a)(3), Q2(b)(3)) and assigned 0% fault (Q4(3)), yet found Kassab 70% responsible"
1164,66,Q3 (Pohl's wrongful conduct) was not tied to any other part of the charge — the finding was left hanging
1165,66,Court refused Kassab's proposed proportionate responsibility question that would have allowed fault assignment to Pohl based on Q3 finding
1166,66,Expert Professor Benjamin Cooper testified Pohl committed unauthorized practice of law in Mississippi
1167,66,Donalda Pohl (Pohl's wife) and Lacy Reese testified to facts indicating Pohl committed barratry
1168,66,Q6 'while in an attorney-client relationship' language was improper comment on weight of evidence suggesting Kassab couldn't have used trade secrets during attorney-client relationships
1169,66,All proceedings except one grievance were filed by Kassab on behalf of clients while in attorney-client relationships
1170,66,Pohl stipulated in post-trial briefing he was not seeking equitable remedies — defeats 'tort of another' equitable exception
1171,66,No evidence of Kassab's net worth presented to jury for exemplary damages analysis
1172,66,"TUTSA caps exemplary damages at twice actual loss — if attorney fees excluded, maximum is $500,000, not $3,000,000"
1173,66,"Billing invoices 'so heavily redacted, it is impossible to determine what tasks were performed'"
1174,66,Zavitsanos not qualified to opine on appellate fees — no testimony about appellate expertise
1175,66,No segregation of recoverable from unrecoverable attorney fees — award includes fees for conversion claim
1176,66,Cheatham v. Pohl barratry litigation still pending when this case went to trial
1177,66,Pohl should have been estopped from challenging validity of barratry assignments after telling other courts they were valid
1178,66,Civil barratry claim is not legal malpractice or DTPA — therefore assignable under Texas law
1179,66,Shepherd (Pohl's counsel in Mississippi litigation) failed to protect proprietary information in settlement
1180,66,"Donalda Pohl, Jaimes, Talley, and Santana routinely placed alleged trade secrets in public domain by circulating documents to third parties"