Key Assertions
Data license: Public court records
21 rows where filing_id = 9
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| assertion_id ▼ | filing_id | assertion |
|---|---|---|
| 167 | 9 9 | Kassab paid $250,000 to obtain the stolen names, addresses, and client files of Pohl's former and potential clients |
| 168 | 9 9 | Kassab attempted to disguise the purchase as the engagement of a putative 'expert witness' and agreed to indemnify Favre against Pohl's anticipated claims |
| 169 | 9 9 | Kassab took directly inconsistent positions regarding the TCPA — arguing for the commercial exception in Brumfield while ignoring it here |
| 170 | 9 9 | Pohl's claims target Kassab's wrongful acts of conversion and trade secret theft, not any protected speech, petition, or association |
| 171 | 9 9 | TCPA applicability is determined by the factual bases of claims, not by defendant's characterization of plaintiff's motivations |
| 172 | 9 9 | Kassab supplied no evidence whatsoever that Pohl's lawsuit was motivated by retaliation |
| 173 | 9 9 | The right to petition exercised in filing barratry lawsuits belongs to Kassab's clients, not Kassab personally, so the TCPA is not implicated for Kassab |
| 174 | 9 9 | Kassab's solicitation of Pohl's clients constitutes commercial speech falling within the § 27.010(b) exception |
| 175 | 9 9 | The Favre-Kassab Agreement was executed November 10, 2016 — less than two years before the August 2018 filing, so limitations has not run |
| 176 | 9 9 | At the time Kassab purchased the materials, he did not have a single client, so attorney immunity cannot apply |
| 177 | 9 9 | Kassab was not a party to the Mississippi settlement agreement, so res judicata does not apply |
| 178 | 9 9 | Kassab's filing of the TCPA motion was frivolous and brought solely for delay, warranting fees of $33,352 |
| 179 | 9 9 | The Favre-Kassab Agreement contains an indemnification clause — evidence that Kassab contemplated Pohl's claims at the time of purchase |
| 180 | 9 9 | The $250,000 payment alone is prima facie evidence that Kassab knew the information was not publicly known and belonged to Pohl |
| 181 | 9 9 | Favre testified he received $250,000 but provided no work, no fees, and no documents under the agreement between payment and April 2017 |
| 182 | 9 9 | Favre testified he 'gave away' attorney/client fee contracts to Nicholson; Nicholson contradicted this, saying Favre gave them to 'co-counsel in the Texas cases' |
| 183 | 9 9 | Kassab described the Favre arrangement differently on different occasions — first as 'consulting services,' then as 'an agreement with an expert witness' |
| 184 | 9 9 | Favre and Nicholson had expressly threatened to sell the materials to 'Texas barratry lawyers' before the sale to Kassab |
| 185 | 9 9 | Kassab attached a State Bar grievance designated 'strictly confidential' to his Motion; Kassab uses the grievance mechanism as part of his litigation strategy |
| 186 | 9 9 | Kassab's filing of grievances also falls within the commercial exception because Kassab uses the State Bar grievance process as a tactic to increase pressure on lawyers he sues |
| 187 | 9 9 | Kassab previously sought but was denied sanctions in an unrelated case involving Reynolds Frizzell LLP |
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CREATE TABLE key_assertions (
assertion_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
assertion TEXT
);