Key Assertions
Data license: Public court records
34 rows where filing_id = 66
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| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 1147 | 66 66 | In December 8, 2023 recorded call, Walker confessed he and Ladner were promised 30% of any judgment in exchange for depositions, testimony, and positions on certain things |
| 1148 | 66 66 | Walker stated Pohl made the 30% offer before their depositions and they were 'coached on how to be deposed' |
| 1149 | 66 66 | Walker admitted 'the whole premise of the depositions was based on the 30 percent that we were promised' |
| 1150 | 66 66 | Walker acknowledged 'some of the things that we were doing was, in fact, barratry' and 'I still feel like it was and I think—I do believe it was' |
| 1151 | 66 66 | Walker initially signed agreement confirming 17 boxes of materials were owned by Precision, not Pohl, but reversed position after coaching |
| 1152 | 66 66 | In Mississippi deposition, Walker testified Pohl paid Precision $5 million in 'barratry money' and 'it was clear to him it was barratry' |
| 1153 | 66 66 | In this case, Walker recanted and claimed lawyer Nicholson 'taught him' and 'advised him to lie' about barratry |
| 1154 | 66 66 | Kassab decided not to call Walker and Ladner as live witnesses because their deposition testimony reversed from Mississippi litigation |
| 1155 | 66 66 | Pohl's office manager Mary Francis Arnold testified she did not consider attorney-client contracts trade secrets, never secured them 'in any form or fashion,' and Pohl never told her they were trade secrets |
| 1156 | 66 66 | Arnold testified Precision's owners kept information in a storage unit to which anyone could have access, and she kept information at home in unlocked cabinets |
| 1157 | 66 66 | Client lists created by attorney Jimmy Williamson and Precision, not by Pohl; Pohl testified he did not have a list |
| 1158 | 66 66 | Favre testified Precision's list was owned by Precision, not Pohl |
| 1159 | 66 66 | Information also kept unsecured in Ladner's garage for months |
| 1160 | 66 66 | Master list of clients posted on PACER in Mississippi litigation for more than six years |
| 1161 | 66 66 | Q2 improperly tracked direct misappropriation theory (§ 134A.002(3)(A)) when Pohl only pled indirect misappropriation (§ 134A.002(3)(B)) |
| 1162 | 66 66 | Definition of 'improper means' in jury charge incorrectly included acts beyond theft, which was the only theory alleged |
| 1163 | 66 66 | Jury found Precision did not misappropriate (Q2(a)(3), Q2(b)(3)) and assigned 0% fault (Q4(3)), yet found Kassab 70% responsible |
| 1164 | 66 66 | Q3 (Pohl's wrongful conduct) was not tied to any other part of the charge — the finding was left hanging |
| 1165 | 66 66 | Court refused Kassab's proposed proportionate responsibility question that would have allowed fault assignment to Pohl based on Q3 finding |
| 1166 | 66 66 | Expert Professor Benjamin Cooper testified Pohl committed unauthorized practice of law in Mississippi |
| 1167 | 66 66 | Donalda Pohl (Pohl's wife) and Lacy Reese testified to facts indicating Pohl committed barratry |
| 1168 | 66 66 | Q6 'while in an attorney-client relationship' language was improper comment on weight of evidence suggesting Kassab couldn't have used trade secrets during attorney-client relationships |
| 1169 | 66 66 | All proceedings except one grievance were filed by Kassab on behalf of clients while in attorney-client relationships |
| 1170 | 66 66 | Pohl stipulated in post-trial briefing he was not seeking equitable remedies — defeats 'tort of another' equitable exception |
| 1171 | 66 66 | No evidence of Kassab's net worth presented to jury for exemplary damages analysis |
| 1172 | 66 66 | TUTSA caps exemplary damages at twice actual loss — if attorney fees excluded, maximum is $500,000, not $3,000,000 |
| 1173 | 66 66 | Billing invoices 'so heavily redacted, it is impossible to determine what tasks were performed' |
| 1174 | 66 66 | Zavitsanos not qualified to opine on appellate fees — no testimony about appellate expertise |
| 1175 | 66 66 | No segregation of recoverable from unrecoverable attorney fees — award includes fees for conversion claim |
| 1176 | 66 66 | Cheatham v. Pohl barratry litigation still pending when this case went to trial |
| 1177 | 66 66 | Pohl should have been estopped from challenging validity of barratry assignments after telling other courts they were valid |
| 1178 | 66 66 | Civil barratry claim is not legal malpractice or DTPA — therefore assignable under Texas law |
| 1179 | 66 66 | Shepherd (Pohl's counsel in Mississippi litigation) failed to protect proprietary information in settlement |
| 1180 | 66 66 | Donalda Pohl, Jaimes, Talley, and Santana routinely placed alleged trade secrets in public domain by circulating documents to third parties |
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CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);