theory_id,filing_id,theory,party,role,basis
431,61,Burden on plaintiff to secure unanimous finding for exemplary damages (United Scaffolding v. Levine; Tex. Civ. Prac. & Rem. Code § 41.003(b)),Kassab,defense,Defendant has no obligation to complain about plaintiff's omission; burden to secure proper findings is on plaintiff; burden of proving exemplary damages may not be shifted to defendant; non-unanimous Q17 bars exemplary damages under Redwine
432,61,No authority supports attorney's fees from other litigation as TUTSA actual damages,Kassab,defense,"No court in any jurisdiction has awarded attorney's fees from other litigation as actual damages for a trade secret claim; Pohl's out-of-state cases concerned lost profits/fees/commissions, not litigation fees; Akin Gump concerned malpractice plaintiff, which Pohl is not"
433,61,Clean hands doctrine bars equitable tort of another remedy (Frazier v. Havens),Kassab,defense,Jury found Pohl engaged in wrongful conduct (Q3); one found to have engaged in 'wrongful conduct' does not have clean hands for equitable remedy regardless of Q4's 0% fault allocation
434,61,TUTSA preemption of conspiracy per Reynolds v. Sanchez Oil & Gas Corp.,Kassab,defense,First Court of Appeals held TUTSA preempts claims based on misappropriation of trade secrets under plain language of TUTSA; Pohl's conspiracy claim (Q15) is based entirely on the misappropriation conduct found in Q2
435,61,Precision's exoneration precludes Kassab's liability as a matter of law,Kassab,defense,"If no misappropriation occurred when information passed from Pohl to Precision, no one downstream could have misappropriated; plaintiff had burden to secure proper findings (Levine); defendant not required to 'forfeit a winning hand'"