theory_id,filing_id,theory,party,role,basis
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
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"