assertion_id,filing_id,assertion
167,9,"Kassab paid $250,000 to obtain the stolen names, addresses, and client files of Pohl's former and potential clients"
168,9,Kassab attempted to disguise the purchase as the engagement of a putative 'expert witness' and agreed to indemnify Favre against Pohl's anticipated claims
169,9,Kassab took directly inconsistent positions regarding the TCPA — arguing for the commercial exception in Brumfield while ignoring it here
170,9,"Pohl's claims target Kassab's wrongful acts of conversion and trade secret theft, not any protected speech, petition, or association"
171,9,"TCPA applicability is determined by the factual bases of claims, not by defendant's characterization of plaintiff's motivations"
172,9,Kassab supplied no evidence whatsoever that Pohl's lawsuit was motivated by retaliation
173,9,"The right to petition exercised in filing barratry lawsuits belongs to Kassab's clients, not Kassab personally, so the TCPA is not implicated for Kassab"
174,9,Kassab's solicitation of Pohl's clients constitutes commercial speech falling within the § 27.010(b) exception
175,9,"The Favre-Kassab Agreement was executed November 10, 2016 — less than two years before the August 2018 filing, so limitations has not run"
176,9,"At the time Kassab purchased the materials, he did not have a single client, so attorney immunity cannot apply"
177,9,"Kassab was not a party to the Mississippi settlement agreement, so res judicata does not apply"
178,9,"Kassab's filing of the TCPA motion was frivolous and brought solely for delay, warranting fees of $33,352"
179,9,The Favre-Kassab Agreement contains an indemnification clause — evidence that Kassab contemplated Pohl's claims at the time of purchase
180,9,"The $250,000 payment alone is prima facie evidence that Kassab knew the information was not publicly known and belonged to Pohl"
181,9,"Favre testified he received $250,000 but provided no work, no fees, and no documents under the agreement between payment and April 2017"
182,9,"Favre testified he 'gave away' attorney/client fee contracts to Nicholson; Nicholson contradicted this, saying Favre gave them to 'co-counsel in the Texas cases'"
183,9,"Kassab described the Favre arrangement differently on different occasions — first as 'consulting services,' then as 'an agreement with an expert witness'"
184,9,Favre and Nicholson had expressly threatened to sell the materials to 'Texas barratry lawyers' before the sale to Kassab
185,9,Kassab attached a State Bar grievance designated 'strictly confidential' to his Motion; Kassab uses the grievance mechanism as part of his litigation strategy
186,9,Kassab's filing of grievances also falls within the commercial exception because Kassab uses the State Bar grievance process as a tactic to increase pressure on lawyers he sues
187,9,Kassab previously sought but was denied sanctions in an unrelated case involving Reynolds Frizzell LLP