theory_id,filing_id,theory,party,role,basis
423,60,Presumption jury followed instructions (Columbia Rio Grande Healthcare),Pohl,claim,Jury presumed to follow instructions requiring unanimity for Q17; Q19 predicated on unanimous Q17 answer provides affirmative evidence of unanimity
424,60,Waiver of jury verdict objection (USAA Tex. Lloyds Co. v. Menchaca; Tex. R. Civ. P. 295),Pohl,claim,"Party seeking to avoid effect of jury answers must object before jury is discharged; Kassab failed to do so, waiving the alleged conflict"
425,60,TUTSA actual loss encompasses attorneys' fees from separate proceedings,Pohl,claim,Broad definition of actual loss under TUTSA includes consequential damages; flexible and imaginative approach to trade secret damages; Akin Gump confirms fees from separate proceedings are recoverable as actual damages
426,60,Tort of another doctrine (Dixon Fin. Services v. Chang),Pohl,claim,Equitable principles allow recovery of attorney's fees as actual damages when party required to prosecute or defend prior legal action as consequence of defendant's wrongful act; 'wholly innocent' requirement disputed
427,60,TUTSA authorizes both actual loss and unjust enrichment (Tex. Civ. Prac. & Rem. Code § 134A.004),Pohl,claim,"Statute expressly permits recovery of both; jury was instructed not to award duplicative damages; market value = forward loss, development costs = past unjust enrichment"
428,60,"Conspiracy creates joint and several liability, not preempted by TUTSA or Chapter 33",Pohl,claim,"Conspiracy is a means of imposing joint and several liability, not an independent claim with conflicting remedy; published Texas appellate caselaw (Guillory, Stephens) rejects Chapter 33 preemption; TUTSA preemption only applies to conflicting remedies"
429,60,Jury findings on Precision and Kassab are consistent; Kassab obtained secrets from Favre,Pohl,claim,"Kassab obtained trade secrets from Favre via November 2016 agreement, not from Precision; jury could find Precision lawfully obtained info while working for Pohl and separately find Kassab's post-acquisition use constituted misappropriation"
430,60,Waiver of jury verdict inconsistency (Bryan v. Papalia; Bruce v. Oscar Renda),Pohl,claim,Kassab waived right to object based on alleged inconsistency in jury verdict by not asserting objections before jury dismissal