theory_id,filing_id,theory,party,role,basis
377,52,Insufficient pleading of responsible third party allegations,Pohl,opposition,"Kassab's supplemental RTP motion contains the same prior factual allegations found deficient by Judge Dollinger, just reordered. No new factual allegations to fix the pleading defect."
378,52,Abatement is improper — future damages and unrelated litigation,Pohl,opposition,Future damages do not justify abatement. The Cheatham case outcome cannot establish Kassab's defenses in this lawsuit because Kassab is not a party to Cheatham.
379,52,Preemption of unlawful acts doctrine by proportionate responsibility statute,Pohl,opposition,"Kassab's unlawful acts defense has been preempted and does not apply, as established in Pohl's prior briefing on the Motion to Abate."
380,52,Attorney-client privilege not waived under offensive use doctrine,Pohl,opposition,Kassab failed to show how the legal elements of the offensive-use doctrine were met. Pohl's privilege over communications with Billy Shepherd remains intact.
381,52,Trial court discretion over discovery scope,Pohl,opposition,"Scope of discovery is within the trial court's discretion. Judge Dollinger reasonably exercised that discretion, especially given Kassab sought privileged materials from his own opposing counsel in related litigation and failed to show diligent pursuit."