Key Assertions
Data license: Public court records
26 rows where filing_id = 60
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| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 1023 | 60 60 | The jury is presumed to have followed the court's instructions requiring unanimity before answering Q17 |
| 1024 | 60 60 | The jury's answer to Q19 was predicated on a unanimous answer to Q17, providing affirmative evidence Q17 was unanimous |
| 1025 | 60 60 | Kassab waived any complaint about the jury's unanimity by not objecting before the jury was discharged |
| 1026 | 60 60 | Under USAA Texas Lloyds, the party relying on the conflicting answer to avoid the effect of answers establishing liability bore the burden to object before jury discharge |
| 1027 | 60 60 | Stover v. ADM Milling Co. is directly on point — exemplary damages upheld where predicate questions not separately certified as unanimous because jury later unanimously answered questions predicated on those answers |
| 1028 | 60 60 | Redwine v. Peckinpaugh is distinguishable because it involved a single cause of action and the court actually polled the jury confirming non-unanimity |
| 1029 | 60 60 | Bruce v. Oscar Renda: because not all of the verdict needed to be unanimous, a general certificate of non-unanimity is not in conflict with exemplary damages |
| 1030 | 60 60 | Bryan v. Papalia illustrates proper procedure — trial court sent jury back to clarify unanimity certificate |
| 1031 | 60 60 | TUTSA 'actual loss' is broad and encompasses consequential losses including attorneys' fees from separate proceedings |
| 1032 | 60 60 | A flexible and imaginative approach is applied to trade secret damages calculations |
| 1033 | 60 60 | Attorneys' fees from a separate lawsuit incurred as the result of defendant's wrongful conduct constitute actual damages (Akin Gump) |
| 1034 | 60 60 | Kassab's Texas caselaw citations concern fees in the same lawsuit, which is distinguishable from fees in separate proceedings |
| 1035 | 60 60 | Martin-Simon was cited for a proposition subsequently overruled by Akin Gump |
| 1036 | 60 60 | Riner v. Neumann does not mention the tort of another doctrine at all — it addressed the American Rule on same-case fees |
| 1037 | 60 60 | The jury assigned Pohl 0% fault in Q4, the proportionate responsibility question specifically tied to the trade secrets claim |
| 1038 | 60 60 | Q3 on Pohl's wrongful conduct was not tied to misappropriation of trade secrets — jury specifically asked if they should answer Q3 even if no trade secrets existed |
| 1039 | 60 60 | With agreement of Kassab's counsel, the Court instructed the jury to answer Q3 even if they answered 'No' to both parts of Q1 |
| 1040 | 60 60 | TUTSA explicitly authorizes recovery of both actual loss and unjust enrichment not taken into account in computing actual loss |
| 1041 | 60 60 | The jury was specifically instructed not to award 'any sum of money on any element if you have otherwise, under some other element in this question, awarded a sum of money for the same loss' |
| 1042 | 60 60 | Published Texas appellate courts (Guillory, Stephens) reject the premise that Chapter 33 supersedes conspiracy joint and several liability |
| 1043 | 60 60 | Conspiracy does not provide a 'conflicting remedy' — it merely makes damages joint and several |
| 1044 | 60 60 | Kassab himself requested Q4 (proportionate responsibility) be included in the jury charge, showing TUTSA permits modification of remedy without preemption |
| 1045 | 60 60 | Kassab obtained Pohl's trade secrets from Favre through the November 2016 agreement, not from Precision |
| 1046 | 60 60 | The jury found Favre bore responsibility for misappropriation, which is fatal to Kassab's chain-of-liability argument |
| 1047 | 60 60 | Kassab designated Precision as a responsible third party |
| 1048 | 60 60 | Jury could find Precision obtained information lawfully while working for Pohl, and separately find Kassab's post-acquisition use/disclosure constituted misappropriation |
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CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);