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Key Assertions

1,237 material factual assertions from filings

Data license: Public court records

16 rows where filing_id = 46

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assertion_id ▼ filing_id assertion
764 46 46 Establishing barratry does not deny the factual bases of Pohl's claims or prevent establishment of claim elements
765 46 46 Client contracts procured through barratry are voidable (not void) and only the client can seek to void them under Tex. Gov't Code § 82.0651(a)
766 46 46 Not a single Pohl client contract has been declared void
767 46 46 Even voiding a contract would not divest an attorney of ownership of client list compilations or copies of contracts
768 46 46 Barratry is not a standalone affirmative defense to conversion, TUTSA, or conspiracy claims
769 46 46 There are no 'outlaws' under Texas law — Kassab's belief that Pohl engaged in barratry does not give Kassab the right to ignore Pohl's legal rights
770 46 46 Kassab cannot cite any Texas case where barratry was found to be an affirmative defense to trade secret theft or conversion
771 46 46 The unlawful acts doctrine was preempted by Dugger v. Arredondo and cannot be revived by calling it a different name
772 46 46 Kassab changed defense description from 'Illegality/Criminal Acts/Unlawful Acts Rule' (7th Answer) to 'Illegality/Criminal Acts' (8th Answer) after Pohl pointed out preemption
773 46 46 Kassab acknowledged in a different case that the unlawful acts doctrine was 'no longer good law'
774 46 46 Kassab acknowledged in his own summary judgment briefing that 'contract-related affirmative defenses of release, accord and satisfaction, estoppel do not apply to Kassab'
775 46 46 Justification is a defense only to tortious interference with contract, not to Pohl's claims
776 46 46 Rule 17.09 immunity requires the lawsuit to be 'predicated upon' grievance filing; Pohl's claims predated all grievances
777 46 46 Pohl will no longer seek equitable/injunctive relief, eliminating any basis for unclean hands defense
778 46 46 The Texas Supreme Court declared assumption of risk and contributory negligence no longer exist as independent defenses
779 46 46 Kassab has no standing to enforce barratry — only State Bar, State of Texas (criminal), and affected clients can do so

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CREATE TABLE key_assertions (
    assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
    filing_id INTEGER REFERENCES filings(filing_id),
    assertion TEXT
);
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