Key Assertions
Data license: Public court records
26 rows where filing_id = 68
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| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 1212 | 68 68 | The Motion to Modify primarily consists of recycled arguments previously made and rejected |
| 1213 | 68 68 | The jury unanimously answered Q17 after being instructed to only answer if unanimous — shown by jury's 'Yes' answer itself and by jury answering Q19 which required unanimous Q17 |
| 1214 | 68 68 | Kassab did not request jury be polled to resolve any alleged conflict |
| 1215 | 68 68 | Kassab waived any alleged conflict by not objecting before jury was discharged (Tex. R. Civ. P. 295, Menchaca, Burbage, Fleet, Continental Cas.) |
| 1216 | 68 68 | Stover v. ADM Milling (pet. denied): directly on point — exemplary damages upheld despite lack of separate unanimity certificate for predicate questions |
| 1217 | 68 68 | Redwine distinguished: single cause of action, jury was polled confirming non-unanimity — unlike here |
| 1218 | 68 68 | Bruce: general non-unanimity certificate not conclusive when jury permitted to answer some questions by 10-2 vote |
| 1219 | 68 68 | TUTSA 'actual loss' is broad — encompasses attorney fees from separate proceedings caused by defendant's wrongful conduct |
| 1220 | 68 68 | Kassab conflates same-lawsuit fees (unrecoverable) with separate-proceeding fees (recoverable) |
| 1221 | 68 68 | Kassab's citation of LaCore, O'Neal, and Woodhaven all involve same-lawsuit fees, not separate proceedings |
| 1222 | 68 68 | Kassab's citation of Martin-Simon was subsequently overruled by Akin Gump on the relevant proposition |
| 1223 | 68 68 | Kassab's citation of Riner v. Neumann is false — that case does not mention tort of another doctrine |
| 1224 | 68 68 | There is no wholly innocent party element to the tort of another doctrine (Naschke, Brannan Paving, Akin Gump) |
| 1225 | 68 68 | Jury assigned 0% fault to Pohl in Q4 — the proportionate responsibility question tied to trade secrets |
| 1226 | 68 68 | Q3 on wrongful conduct was not tied to trade secrets — jury specifically asked if Q3 should be answered even without trade secret finding, and Court instructed yes with Kassab's agreement |
| 1227 | 68 68 | TUTSA expressly authorizes recovery of both actual loss and unjust enrichment not taken into account in computing actual loss (§ 134A.004(a)) |
| 1228 | 68 68 | Market value compensated forward loss (destruction of trade secret value); development costs compensated past unjust enrichment (avoided costs) — not duplicative |
| 1229 | 68 68 | Unjust enrichment disgorges gains rather than compensating loss — so it cannot be duplicative of actual loss |
| 1230 | 68 68 | Civil conspiracy is a theory of vicarious liability, not an independent tort (Agear Corp.) — not subject to TUTSA preemption |
| 1231 | 68 68 | Chapter 33 does not supersede conspiracy's joint and several liability (Guillory, Stephens) |
| 1232 | 68 68 | No Texas caselaw holds TUTSA preempts conspiracy to misappropriate trade secrets |
| 1233 | 68 68 | Kassab's TUTSA expert Joseph Cleveland assumes conspiracy can coexist with TUTSA — makes no mention of preemption |
| 1234 | 68 68 | Pohl's recoverable actual damages exceed $1,400,000, greatly exceeding $765,000 settlement credit — Pohl is prevailing party |
| 1235 | 68 68 | Evidence of malice was overwhelming: phony expert agreement, multiple failed grievances, publicized dismissed grievance to TX AG/DA/media/Bar candidate, lied about purchasing files despite federal judge's finding |
| 1236 | 68 68 | Kassab refused to acknowledge wrongdoing even after federal court found he purchased Pohl's files |
| 1237 | 68 68 | Jury saw through Kassab's 'vigilante justice' theory and appropriately awarded exemplary damages |
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CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);