theory_id,filing_id,theory,party,role,basis
91,10,Evidentiary Objection — Defective Affidavit (Lack of Personal Knowledge),Kassab,defense,Shepherd's affidavit fails to meet requirements of Tex. R. Evid. 602 because it is not based on personal knowledge and does not state facts are true and correct — perjury does not attach
92,10,"Evidentiary Objection — Failed Business Records Foundation (Tex. R. Evid. 803(6), 902(10))",Kassab,defense,Shepherd fails to establish all six elements required for business records exception; fails to show he is custodian of records; failed to provide requisite notice
93,10,Evidentiary Objection — Hearsay Upon Hearsay,Kassab,defense,All documents attached to the Shepherd affidavit are inadmissible hearsay upon hearsay
94,10,Evidentiary Objection — Conclusory Affidavit (No Evidence as Matter of Law),Kassab,defense,"Pohl's declaration paragraphs 3-9 contain only conclusions without underlying facts, which do not raise fact issues and are incompetent evidence"
95,10,Client Ownership of Files (Tex. Disciplinary R. Prof'l Conduct 1.15(d)),Kassab,defense,"Attorney files belong to the client, not the attorney; Pohl has no ownership claim over client files; attorney is agent of client"
96,10,Lack of Standing — Pohl Never Owned Subject Documents,Kassab,defense,"Documents came from Precision Marketing Group (owned by Favre), not Pohl; even if they were Pohl's legal files, client files belong to clients; Pohl lacks standing to sue for conversion or trade secret theft"
97,10,TCPA Commercial Exception Inapplicable (Tex. Civ. Prac. & Rem. Code § 27.010(b)),Kassab,defense,Pohl has not proven all four Castleman elements; purchasing marketing lists is not a commercial transaction involving legal services; Kassab is not primarily engaged in purchasing marketing lists; party asserting exemption bears burden of proving applicability