theory_id,filing_id,theory,party,role,basis
415,59,Non-unanimous jury finding bars exemplary damages (Tex. R. Civ. P. 292; Tex. Civ. Prac. & Rem. Code § 41.003(d)),Kassab,defense,"Exemplary damages can only be awarded if jury was unanimous in finding both liability and amount; presiding juror did not sign unanimity certificate for Q17; general certificate shows ten jurors, not unanimous"
416,59,Attorneys' fees not recoverable as 'actual loss' under TUTSA (Tex. Civ. Prac. & Rem. Code § 134A.004),Kassab,defense,"TUTSA 'actual loss' is limited to lost profits, lost customers, lost market share per uniform interpretation; attorneys' fees in other litigation are not actual damages; pre-TUTSA Texas law likewise limited damages to lost profits, investor value, development costs, royalties"
417,59,"Tort of another doctrine not viable in Texas; even if viable, requires wholly innocent plaintiff",Kassab,defense,"Never embraced by Texas Supreme Court; flatly rejected by Fourteenth Court of Appeals; multiple intermediate courts have refused to adopt it; jury found in Q3 that Pohl's wrongful conduct contributed to injury, negating wholly innocent requirement"
418,59,Grievance immunity under Tex. R. Disc. P. 17.09,Kassab,defense,"Absolute and unqualified immunity for persons filing grievances bars recovery of $112,286 in attorneys' fees for defending grievances (Q7(1)(e) and (f))"
419,59,Election of remedies / prohibition of double recovery under TUTSA (Tex. Civ. Prac. & Rem. Code § 134A.004),Kassab,defense,"Fair market value ($250,000) and avoided development costs ($200,000) are duplicative measures of the same loss; a buyer acquiring secrets at fair market value necessarily avoids development costs; Pohl must elect one"
420,59,TUTSA preemption of conspiracy (Tex. Civ. Prac. & Rem. Code § 134A.007),Kassab,defense,TUTSA displaces conflicting tort law providing civil remedies for misappropriation; conspiracy is a conflicting remedy per VEST Safety and weight of Fifth Circuit district court authority
421,59,Chapter 33 proportionate responsibility applies to conspiracy (Tex. Civ. Prac. & Rem. Code § 33.002),Kassab,defense,"Civil conspiracy is an intentional tort (Firestone Steel) subject to Chapter 33; conspiracy is not listed among exemptions; courts conclude proportionate responsibility rather than joint and several liability applies (Seven Seas, Pemex)"
422,59,Indirect misappropriation requires direct misappropriation by upstream party — Precision's exoneration breaks chain,Kassab,defense,"Jury found Precision did not misappropriate (Q2(a)(3), Q2(b)(3)) and assigned 0% fault (Q4). TUTSA § 134A.002(3)(B)(ii)(a) requires knowing acquisition from someone who used improper means. Since Precision was exonerated, daisy-chain of indirect misappropriation is broken."