assertion_id,filing_id,assertion
1212,68,The Motion to Modify primarily consists of recycled arguments previously made and rejected
1213,68,The jury unanimously answered Q17 after being instructed to only answer if unanimous — shown by jury's 'Yes' answer itself and by jury answering Q19 which required unanimous Q17
1214,68,Kassab did not request jury be polled to resolve any alleged conflict
1215,68,"Kassab waived any alleged conflict by not objecting before jury was discharged (Tex. R. Civ. P. 295, Menchaca, Burbage, Fleet, Continental Cas.)"
1216,68,Stover v. ADM Milling (pet. denied): directly on point — exemplary damages upheld despite lack of separate unanimity certificate for predicate questions
1217,68,"Redwine distinguished: single cause of action, jury was polled confirming non-unanimity — unlike here"
1218,68,Bruce: general non-unanimity certificate not conclusive when jury permitted to answer some questions by 10-2 vote
1219,68,TUTSA 'actual loss' is broad — encompasses attorney fees from separate proceedings caused by defendant's wrongful conduct
1220,68,Kassab conflates same-lawsuit fees (unrecoverable) with separate-proceeding fees (recoverable)
1221,68,"Kassab's citation of LaCore, O'Neal, and Woodhaven all involve same-lawsuit fees, not separate proceedings"
1222,68,Kassab's citation of Martin-Simon was subsequently overruled by Akin Gump on the relevant proposition
1223,68,Kassab's citation of Riner v. Neumann is false — that case does not mention tort of another doctrine
1224,68,"There is no wholly innocent party element to the tort of another doctrine (Naschke, Brannan Paving, Akin Gump)"
1225,68,Jury assigned 0% fault to Pohl in Q4 — the proportionate responsibility question tied to trade secrets
1226,68,"Q3 on wrongful conduct was not tied to trade secrets — jury specifically asked if Q3 should be answered even without trade secret finding, and Court instructed yes with Kassab's agreement"
1227,68,TUTSA expressly authorizes recovery of both actual loss and unjust enrichment not taken into account in computing actual loss (§ 134A.004(a))
1228,68,Market value compensated forward loss (destruction of trade secret value); development costs compensated past unjust enrichment (avoided costs) — not duplicative
1229,68,Unjust enrichment disgorges gains rather than compensating loss — so it cannot be duplicative of actual loss
1230,68,"Civil conspiracy is a theory of vicarious liability, not an independent tort (Agear Corp.) — not subject to TUTSA preemption"
1231,68,"Chapter 33 does not supersede conspiracy's joint and several liability (Guillory, Stephens)"
1232,68,No Texas caselaw holds TUTSA preempts conspiracy to misappropriate trade secrets
1233,68,Kassab's TUTSA expert Joseph Cleveland assumes conspiracy can coexist with TUTSA — makes no mention of preemption
1234,68,"Pohl's recoverable actual damages exceed $1,400,000, greatly exceeding $765,000 settlement credit — Pohl is prevailing party"
1235,68,"Evidence of malice was overwhelming: phony expert agreement, multiple failed grievances, publicized dismissed grievance to TX AG/DA/media/Bar candidate, lied about purchasing files despite federal judge's finding"
1236,68,Kassab refused to acknowledge wrongdoing even after federal court found he purchased Pohl's files
1237,68,Jury saw through Kassab's 'vigilante justice' theory and appropriately awarded exemplary damages