Key Assertions
Data license: Public court records
19 rows where filing_id = 15
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| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 253 | 15 15 | Kassab's TCPA motion was denied by operation of law and Kassab noticed an interlocutory appeal on December 18, 2018 |
| 254 | 15 15 | The interlocutory appeal triggers a mandatory stay of all trial court proceedings under § 51.014(b) — actions taken during the stay are voidable |
| 255 | 15 15 | Favre/Precision's TCPA motion was filed after the 60-day deadline without good cause |
| 256 | 15 15 | Favre was served September 14, 2018 — Kassab filed his TCPA motion on the 40th day, which should have alerted Favre to the deadline |
| 257 | 15 15 | Defendants benefited from late filing by tailoring their motion to the court's reaction at the November 5, 2018 hearing |
| 258 | 15 15 | Pohl's claims are not based on any TCPA-protected conduct — they target the wrongful sale of stolen property |
| 259 | 15 15 | Defendants filed no evidentiary support for their TCPA motion — five exhibits attached but not verified |
| 260 | 15 15 | Defendants' association argument confuses necessary and sufficient conditions — TCPA can apply to trade secret claims but does not necessarily apply to all |
| 261 | 15 15 | Defendants' free speech argument improperly focuses on post-wrongful-act conduct rather than the factual basis of liability |
| 262 | 15 15 | The commercial speech exception under § 27.010(b) bars TCPA application because Precision is primarily in the marketing business |
| 263 | 15 15 | Defendants' Motion does not even attempt to argue the commercial exception doesn't apply to Precision |
| 264 | 15 15 | Kassab supplied an affidavit admitting he obtained from Defendants information including names and addresses of Pohl's clients |
| 265 | 15 15 | The Favre-Kassab Agreement contains indemnity and confidentiality provisions evidencing knowledge of wrongful conduct |
| 266 | 15 15 | Favre confirmed under oath that $250,000 was paid, and between payment and April 2017 he received no fees, provided no work, and exchanged no documents |
| 267 | 15 15 | Nicholson's testimony contradicts Favre's regarding who received the Pohl fee contracts |
| 268 | 15 15 | Defendants failed to seek dismissal of the breach of contract claim — it cannot be dismissed |
| 269 | 15 15 | Pohl's claims accrued from the November 10, 2016 Favre-Kassab Agreement, well within all limitations periods |
| 270 | 15 15 | Pohl was not aware of the sale of his information during the two-year period prior to filing |
| 271 | 15 15 | Defendants provided no evidentiary support for attorney's fees — no affidavit documenting services, rates, or time |
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CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);