Key Assertions
Data license: Public court records
19 rows where filing_id = 10
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| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 188 | 10 10 | Shepherd's affidavit fails as an affidavit because it is not based on personal knowledge and does not state facts are 'true and correct' — it is nothing more than a statement by Pohl's interested counsel |
| 189 | 10 10 | Shepherd's affidavit fails to establish business records foundation under Rules 803(6) and 902(10) |
| 190 | 10 10 | Shepherd fails to adequately show he is the custodian of records or otherwise establish how he knows what each particular document is other than that he is a lawyer for Pohl |
| 191 | 10 10 | All documents attached to the Shepherd affidavit are inadmissible hearsay upon hearsay |
| 192 | 10 10 | Shepherd has failed to provide the requisite notice of his filing under Rule 902(10) |
| 193 | 10 10 | Every paragraph (3-9) of Pohl's declaration is conclusory and constitutes no evidence as a matter of law |
| 194 | 10 10 | Pohl fails to describe what the alleged trade secrets actually are in any of his declarations |
| 195 | 10 10 | Pohl fails to explain how he is the 'rightful owner' of information that Scott Favre has claimed to own |
| 196 | 10 10 | Pohl fails to describe what 'substantial measures' he took to maintain confidentiality, given the information freely ended up in Favre's hands |
| 197 | 10 10 | Pohl's purported loss from any alleged misappropriation of trade secrets is speculative |
| 198 | 10 10 | Any documents Kassab obtained came from Precision Marketing Group, not from Pohl — Precision owned the documents |
| 199 | 10 10 | Under Texas Rule of Professional Conduct 1.15(d) and Texas Supreme Court precedent, client files belong to the client, not the attorney |
| 200 | 10 10 | The attorney is the agent of the client, and work product generated by the attorney in representing the client belongs to the client |
| 201 | 10 10 | Failure to turn over client files is willful and malicious and constitutes dishonorable conduct |
| 202 | 10 10 | Pohl lacks standing to sue for conversion or theft of trade secrets because he never owned the subject documents |
| 203 | 10 10 | The commercial speech exception does not apply because Kassab is not primarily engaged in purchasing marketing lists and client files |
| 204 | 10 10 | Pohl has not established that Kassab 'engaged in the conduct on which the claim is based in the defendant's capacity as a seller or lessor' of legal services |
| 205 | 10 10 | Pohl does not allege that the Favre-Kassab agreement effectuated a sale of legal services |
| 206 | 10 10 | Pohl's own pleadings allege Kassab 'knew that the information and property that he was purchasing was stolen and not Favre's and/or his counsel's to sell' |
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CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);