theory_id,filing_id,theory,party,role,basis
210,27,Civil Barratry Counterclaim,Kassab,counterclaim,"Pohl illegally solicited clients through paid runners, creating civil liability to those solicited clients who have assigned their claims to Kassab. Based on express assignments from 242 claimants."
211,27,Compulsory Counterclaim / Relation-Back (Tex. Civ. Prac. & Rem. Code § 16.069),Kassab,counterclaim,"Counterclaims arising from the same transaction may be filed even if otherwise barred by limitations, provided they are filed within 30 days of the answer deadline. Kassab's counterclaims were timely because filed within 30 days of original answer."
212,27,Statute of Limitations,Kassab,affirmative_defense,"Pohl's claims accrued when the alleged wrongful acts occurred, potentially barring suit"
213,27,Justification,Kassab,affirmative_defense,Kassab was justified in obtaining information to pursue legitimate barratry claims
214,27,Estoppel,Kassab,affirmative_defense,Pohl is estopped from asserting claims
215,27,Waiver,Kassab,affirmative_defense,Pohl waived his claims through conduct
216,27,Ratification,Kassab,affirmative_defense,Pohl ratified the conduct he now complains of
217,27,Release,Kassab,affirmative_defense,Pohl released claims through settlement of the Mississippi Litigation
218,27,Unclean Hands,Kassab,affirmative_defense,Pohl's own illegal conduct (barratry) bars him from equitable relief
219,27,Contribution,Kassab,affirmative_defense,Third parties contributed to any alleged harm
220,27,Failure to Mitigate,Kassab,affirmative_defense,"Pohl failed to mitigate damages — never requested return of property, left documents in unattended warehouse"
221,27,Lack of Standing,Kassab,affirmative_defense,Pohl does not own the documents — they belonged to Precision Marketing
222,27,Accord and Satisfaction,Kassab,affirmative_defense,Claims resolved through prior settlement
223,27,Assumption of the Risk,Kassab,affirmative_defense,Pohl assumed the risk by engaging in illegal barratry and distributing documents through runners
224,27,Illegality/Criminal Acts,Kassab,affirmative_defense,Pohl's claims stem from his own illegal barratry scheme — a third-degree felony
225,27,First Amendment,Kassab,affirmative_defense,"Kassab's solicitation letters, lawsuits, and grievances are protected expression — petitioning activity"
226,27,Attorney Immunity,Kassab,affirmative_defense,Kassab's conduct was within the scope of his duties as an attorney representing clients
227,27,In Pari Delicto,Kassab,affirmative_defense,Pohl is equally or more at fault as a participant in illegal conduct
228,27,Res Judicata,Kassab,affirmative_defense,Claims resolved in prior litigation
229,27,Defect of Parties,Kassab,affirmative_defense,Necessary parties are absent from the litigation
230,27,Abandonment,Kassab,affirmative_defense,Pohl abandoned the documents by leaving them with a convicted felon (Walker) and his cohorts without safeguards — documents still sit in a warehouse unattended
231,27,Subject of a Valid Contract,Kassab,affirmative_defense,The subject matter is covered by a valid contractual arrangement