theory_id,filing_id,theory,party,role,basis
289,38,Abatement for pending related litigation,Kassab,defense,Kassab argues Cheatham case outcome will impact his illegality defense and that Pohl is still incurring damages
290,38,Future damages do not justify abatement (rebuttal),Pohl,claim,Texas law requires parties to bring claims even when all damages have not occurred (Schlumberger v. Pasko); future damages assessed by reasonable probability standard (GTE Mobilnet v. Pascouet)
291,38,Unlawful Acts Doctrine preemption (rebuttal),Pohl,claim,Texas Supreme Court in Dugger v. Arredondo held the doctrine is 'no longer a viable defense' under § 33.003; confirmed in Boerjan v. Rodriguez; Kassab himself acknowledged this in Beatty v. Knighton
292,38,Unclean Hands (rebutted),Kassab,affirmative_defense,Defense applies only to equitable relief and requires injury to party raising defense (In re Nolle); damages are not equitable relief; Kassab has not alleged Pohl's conduct harmed him