Key Assertions
Data license: Public court records
19 rows where filing_id = 23
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| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 393 | 23 23 | Kassab and his clients executed 242 Limited Assignments to revive barratry claims dismissed on limitations in Brumfield and Gandy |
| 394 | 23 23 | The Assignments assigned only the clients' barratry claims against Pohl to Kassab in consideration of Kassab's continued work on the claims |
| 395 | 23 23 | Under the Assignments, Kassab would deduct his 40% contingency fee and the remaining 60% would go to the clients |
| 396 | 23 23 | Kassab filed his third amended counterclaim within 30 days of his answer being due, asserting 242 barratry claims |
| 397 | 23 23 | One of the four barratry suits (Berry) settled for a confidential amount |
| 398 | 23 23 | The Cheatham case was wrongly dismissed on summary judgment and was reversed and remanded by the court of appeals |
| 399 | 23 23 | Both Pohl's claims and Kassab's counterclaims arise from the same relationship between Pohl and Precision |
| 400 | 23 23 | Pohl engaged Precision to 'liaise' with prospective clients; Kassab alleges this 'liaising' was actually illegal barratry |
| 401 | 23 23 | The client information Pohl claims was stolen was acquired by Precision while performing the very barratry that underlies the counterclaims |
| 402 | 23 23 | Pohl argued to the Texas Supreme Court that the Assignments were valid, quoting 'on its face, the documents assign any and all barratry claims [so] the Assignor retains no justiciable interest in the claims' |
| 403 | 23 23 | A civil barratry claim under Section 82.0651(a) is a 'contract-based' claim per Cheatham v. Pohl |
| 404 | 23 23 | Brumfield court rejected as 'misplaced' the analogy between legal malpractice and civil barratry claims because solicitation occurs before attorney-client relationship formation |
| 405 | 23 23 | PPG Industries carved out equitable assignments such as contingent-fee interests assigned to a consumer's attorney |
| 406 | 23 23 | The civil barratry statute does not provide for mental anguish or punitive damages, only actual damages, attorney's fees, disgorgement, and civil penalties |
| 407 | 23 23 | Even if the Assignments violated Rule 1.08(h), that alone is insufficient to void them under Wright v. Sydow and M.A. Mills v. Kotts |
| 408 | 23 23 | Pohl paid Precision and its members over $5 million in 'barratry pass-through money' |
| 409 | 23 23 | Voiding the Assignments would injure unknowing clients and the public by rewarding Pohl for concealing criminal conduct |
| 410 | 23 23 | Pohl did not assert claims against Kassab in the Federal Court Case despite testifying he knew Kassab was part of the 'team of thieves' |
| 411 | 23 23 | Kassab's counterclaim included seven pages of supporting facts, a specific cause of action, jurisdictional amount, and prayer for affirmative relief — unlike the one-sentence averment in Rogers |
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CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);