theory_id,filing_id,theory,party,role,basis
145,15,Mandatory Stay Under Interlocutory Appeal — Tex. Civ. Prac. & Rem. Code § 51.014(b),Pohl,defense,Kassab's interlocutory appeal of TCPA denial triggers automatic stay of all trial court proceedings; actions taken during stay are voidable
146,15,TCPA Untimely Filing — Tex. Civ. Prac. & Rem. Code § 27.003(b),Pohl,defense,TCPA motion must be filed within 60 days of service; Favre/Precision filed late without showing good cause; Defendants actually benefited from late filing
147,15,TCPA Inapplicability — Claims Not Based on Protected Conduct,Pohl,defense,"Pohl's claims for conversion, TUTSA violations, conspiracy, and breach of contract target wrongful sale of stolen property, not exercise of free speech, petition, or association rights"
148,15,TCPA Commercial Speech Exception — Tex. Civ. Prac. & Rem. Code § 27.010(b),Pohl,defense,"TCPA does not apply because Precision is primarily in the marketing business, conduct arose in that capacity, transaction involved marketing goods/services, and intended audience was Kassab as actual buyer"
149,15,Prima Facie Case Under TCPA — Tex. Civ. Prac. & Rem. Code § 27.005(c),Pohl,claim,"Even if TCPA applies, Pohl establishes prima facie case by clear and specific evidence for all four causes of action (breach of contract, conversion, TUTSA, conspiracy)"
150,15,Statute of Limitations Not Expired,Pohl,defense,"Settlement Agreement executed April/May 2017 (4-year breach of contract period); Favre-Kassab Agreement November 10, 2016 (within 2-year and 3-year periods); Pohl was not aware of claims in the two-year period prior to filing"