theory_id,filing_id,theory,party,role,basis
195,23,Section 16.069 Revival of Time-Barred Counterclaims,Kassab,counterclaim,"Barratry counterclaims arise from the same transaction or occurrence as Pohl's conversion/trade secret claims because both flow from Precision's engagement to acquire clients for Pohl; Kassab filed within 30 days; Pohl seeks affirmative relief (not just a declaration), so § 16.069 applies per Holman"
196,23,Res Judicata Inapplicability — Changed Material Facts (Marino doctrine),Kassab,defense,"Res judicata does not apply when material facts have changed; Section 16.069 was not an available defense in prior litigation, constituting a change in legal rights; also logically inconsistent for Pohl to argue both different transaction (for § 16.069) and same transaction (for res judicata)"
197,23,Judicial Estoppel Against Pohl,Kassab,defense,Pohl argued to the Texas Supreme Court that the Assignments were valid (seeking dismissal of Brumfield and Gandy appeals) but argues here they are invalid; judicial estoppel precludes such inconsistent positions under Ferguson
198,23,Assignability of Civil Barratry Claims,Kassab,counterclaim,Barratry claims under § 82.0651(a) are contract-based (Cheatham) and generally assignable (Lindsay); tort claims under § 82.0651(c) also assignable (State Farm v. Gandy); PPG carved out equitable assignments like contingent-fee interests; PPG's DTPA-specific concerns about jury confusion from mental anguish/punitive damages not present with barratry statute
199,23,Unclean Hands Against Pohl's Equitable Arguments,Kassab,defense,Pohl committed felony barratry and cannot invoke equitable considerations to void the Assignments; one who seeks equity must come with clean hands (Omohundro)
200,23,Ethical Rules Cannot Void Otherwise Valid Contracts,Kassab,defense,"Under Wright v. Sydow and M.A. Mills v. Kotts, a violation of Disciplinary Rules does not void an otherwise valid contract; Rule 1.08(h) specifically allows liens to secure fees"