Key Assertions
Data license: Public court records
25 rows where filing_id = 34
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| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 580 | 34 34 | None of the four barratry suits have been adjudicated on the merits — the issue of whether Pohl committed barratry has never been decided |
| 581 | 34 34 | The Berry case settled with Pohl paying a substantial sum, suggesting the barratry claims had merit |
| 582 | 34 34 | The Cheatham court of appeals found evidence that Pohl and Ammons 'coordinated the barratry scheme' and that Pohl directly funded solicitation |
| 583 | 34 34 | Pohl provides no evidence — only lawyer arguments — in support of his traditional MSJ; 'motions and arguments of counsel are not evidence' |
| 584 | 34 34 | Pohl is unwilling to swear to any facts in an affidavit and not even willing to swear under oath that he did not commit barratry |
| 585 | 34 34 | Justification can be based on exercise of legal rights or good-faith claim to colorable right — motive is irrelevant when legal right is conclusively established |
| 586 | 34 34 | Kassab had a legal right to acquire evidence to support barratry claims without making himself liable (Taylor v. Tolbert) |
| 587 | 34 34 | Kassab had obligation to investigate potential claims against Pohl or risk sanctions under Rule 13 |
| 588 | 34 34 | Kassab obtained Grievance Complaint against Pohl, justified by duty to report under Rule 8.03 |
| 589 | 34 34 | Kassab understood the Precision Marketing information was owned by Precision, not Pohl |
| 590 | 34 34 | Favre testified Precision Marketing owned the client lists and files |
| 591 | 34 34 | Pohl's own pleadings request injunctive relief (First Amended Petition ¶ 45) and 'equitable' relief (¶ 50), contradicting his claim that he does not seek equitable remedies |
| 592 | 34 34 | TUTSA requires 'rightful, legal, or equitable title' to a trade secret — Pohl's illegal acquisition through barratry negates ownership |
| 593 | 34 34 | Pohl's own lawyers recently used the illegality defense in Duncan Litigation Investments to obtain summary judgment on a barratry-related claim |
| 594 | 34 34 | Pohl's lawyers also used illegality defense in the Mississippi Litigation against Precision Marketing's claims |
| 595 | 34 34 | Pohl's global no-evidence challenge is conclusory and fails to specify elements of each defense — it is defective under Timpte Industries v. Gish |
| 596 | 34 34 | Walker pled guilty to one count of federal program fraud and one count of conspiracy to commit federal program fraud for fraudulently diverting and misusing federal grants |
| 597 | 34 34 | Pohl knew Walker was a convicted felon yet never required confidentiality or non-disclosure agreements |
| 598 | 34 34 | Walker testified the client list and documents were Precision Marketing's 'work product' |
| 599 | 34 34 | Ladner testified 'client information' was owned by Precision Marketing |
| 600 | 34 34 | Pohl has unreasonably resisted Kassab's discovery requests relating to the illegality defense since May 2021 |
| 601 | 34 34 | Kassab filed a prior MSJ on June 8, 2021 establishing limitations, res judicata, and attorney immunity |
| 602 | 34 34 | Kassab's August 29, 2022 MSJ established immunity under Rule 17.09, judicial proceedings privilege, attorney immunity, limitations, unlawful acts bar, and Precision Marketing ownership of trade secrets |
| 603 | 34 34 | Three expert reports (Hardwick, Cooper, Cleveland) establish that Pohl committed barratry |
| 604 | 34 34 | The Cheatham court found Walker's deposition testimony on the same allegations constituted 'some evidence' of Pohl's barratry scheme |
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CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);