Key Assertions
Data license: Public court records
15 rows where filing_id = 24
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| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 412 | 24 24 | Kassab admitted the Assignments were made to 'potentially revive the barratry claims dismissed on limitations in Brumfield and Gandy' |
| 413 | 24 24 | After purported 'assignment,' clients retained 60% interest in claims and Kassab retained 40% contingent fee interest, demonstrating the Assignments were shams that altered nothing about claim ownership |
| 414 | 24 24 | The Assignments have 'no practical effect' by Kassab's own description and were 'effectuated in an attempt to salvage the clients' barratry claims' |
| 415 | 24 24 | Kassab was simultaneously representing clients in two appellate proceedings (Brumfield and Gandy) asserting the exact same claims without notifying those courts of the purported assignments |
| 416 | 24 24 | Pohl's briefing in the Texas Supreme Court referred to 'purported' assignments and notified the Court that Kassab had argued they were valid — this is not an inconsistent position |
| 417 | 24 24 | Pohl did not prevail on the alternative argument about the Assignments in the Texas Supreme Court, making judicial estoppel inapplicable |
| 418 | 24 24 | Kassab's estoppel argument selectively omitted the requirement that a party must have 'successfully maintained' a position for judicial estoppel to apply |
| 419 | 24 24 | PPG's reasoning about non-assignability was explicitly not limited to DTPA claims — it applies to a class of statutory punitive claims |
| 420 | 24 24 | The legislature knew how to make barratry claims assignable but the statute is silent on assignment |
| 421 | 24 24 | Kassab's citation of M.A. Mills v. Kotts was misleading — the court explicitly stated courts 'may deem these rules to be an expression of public policy, so that a contract violating them is unenforceable' |
| 422 | 24 24 | January 28, 2022 Notices in Brumfield (No. 21-0563) and Gandy (No. 21-0564) show the Texas Supreme Court denied petitions for review and dismissed Pohl's Motions to Dismiss as moot |
| 423 | 24 24 | Kassab devoted just over a single page of his 27-page Response to the dispositive res judicata argument |
| 424 | 24 24 | Kassab selectively omitted the word 'significant' from the logical relationship test standard |
| 425 | 24 24 | The risks of distortion discussed in PPG apply to barratry claims as a class, not just specific facts |
| 426 | 24 24 | Whether Pohl subsequently failed to obtain a hearing on special exceptions is irrelevant to whether fair notice was provided within the statutory period |
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CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);