theory_id,filing_id,theory,party,role,basis
201,24,Res Judicata — Dispositive,Pohl,defense,"Kassab confirmed his counterclaims are the same claims previously adjudicated; Marino (subsequently recognized claim) and Stubbs (new ordinance, different land use) are distinguishable because the barratry claims existed and were dismissed before the second action; under Hernandez, focus is on whether claim existed and could have been raised"
202,24,Statute of Limitations — Section 16.069 Inapplicable,Pohl,defense,"Kassab does not dispute the underlying claims are time-barred; § 16.069 does not apply because the claims are from different transactions, fair notice was not given, and post-lawsuit assignments cannot trigger the savings clause"
203,24,Logical Relationship Test — 'Significant' Requirement,Pohl,defense,Kassab selectively omitted the requirement that facts must be 'significant and logically relevant' (not merely logically relevant) to both claims; how Precision acquired information is not significant to Pohl's claims about Kassab's 2016 purchase and use
204,24,Non-Assignability of Punitive Statutory Claims (PPG framework),Pohl,defense,PPG's four-factor analysis applies beyond DTPA claims to any statutory punitive claims; barratry claims are personal and punitive; legislature was silent on assignability; risks of distortion apply to the class of claims; Kassab ignored the four factors
205,24,Public Policy Invalidity — Assignments as Transparent Devices,Pohl,defense,"Kassab's own admissions show the Assignments 'tend to increase or prolong litigation' and are 'transparent devices' to circumvent limitations, violating public policy under Sw. Bell and LAKXN; Kassab's 'unclean hands' argument is not competent evidence"
206,24,Judicial Estoppel Inapplicable to Pohl,Pohl,defense,"Pohl did not take an inconsistent position (referred to 'purported' assignments) and did not prevail on the argument in the Texas Supreme Court; Ferguson requires 'successfully maintained' position, which Kassab selectively omitted"