theory_id,filing_id,theory,party,role,basis
5,2,Civil Barratry — counterclaim based on assigned claims,Kassab,counterclaim,"Counterclaim based on 150 express assignments of barratry claims from Pohl's former clients who were allegedly illegally solicited. Because barratry is not legal malpractice (per Pohl's judicial admission), the discovery rule does not apply and assignment is permitted under Texas law."
6,2,Compulsory Counterclaim Timeliness — Tex. Civ. Prac. & Rem. Code § 16.069,Kassab,counterclaim,"Counterclaims arising from same transaction or occurrence may be filed even if independently barred by limitations, if filed within 30 days of answer deadline. Filed contemporaneously with answer; remaining claims to be filed by November 7, 2018."
7,2,Statute of Limitations,Kassab,affirmative_defense,Pohl's claims are barred by applicable statutes of limitations
8,2,Justification,Kassab,affirmative_defense,Kassab's actions were justified
9,2,Estoppel,Kassab,affirmative_defense,Pohl is estopped from asserting claims
10,2,Waiver,Kassab,affirmative_defense,Pohl waived his claims
11,2,Ratification,Kassab,affirmative_defense,Pohl ratified the conduct complained of
12,2,Release,Kassab,affirmative_defense,Pohl released Kassab from liability
13,2,Unclean Hands,Kassab,affirmative_defense,Pohl's own misconduct (barratry) bars his claims in equity
14,2,Contribution,Kassab,affirmative_defense,Other parties share responsibility for any damages
15,2,Failure to Mitigate Damages,Kassab,affirmative_defense,Pohl failed to mitigate his damages
16,2,Lack of Standing,Kassab,affirmative_defense,Pohl lacks standing to assert claims
17,2,Accord and Satisfaction,Kassab,affirmative_defense,Claims were resolved by accord and satisfaction
18,2,Assumption of the Risk,Kassab,affirmative_defense,Pohl assumed the risk of the alleged harm
19,2,Illegality/Criminal Acts,Kassab,affirmative_defense,Pohl's own illegal conduct (barratry) bars recovery
20,2,First Amendment,Kassab,affirmative_defense,First Amendment protects Kassab's conduct (petition and speech rights in filing lawsuits and grievances)
21,2,Attorney Immunity,Kassab,affirmative_defense,Kassab is immune from suit for actions taken in his capacity as an attorney
22,2,In Pari Delicto,Kassab,affirmative_defense,Pohl is equally at fault and thus barred from recovery