theory_id,filing_id,theory,party,role,basis
436,62,Burden on defendant to object to incomplete/conflicting verdict under TRCP 295 and Menchaca,Pohl,claim,Party relying on conflicting answer to avoid effect of answers establishing liability bears burden to object before jury discharged; Kassab failed to object and waived the issue
437,62,"Unanimity certificate not required for exemplary damages when predicate instructions required unanimity (Bruce, Stover)",Pohl,claim,Not all predicate answers require a certificate of unanimity; jury's answers conditioned on unanimity are sufficient; signed certificate not necessary for award of exemplary damages
438,62,TUTSA actual loss includes attorneys' fees from prior litigation (§ 134A.004(a)),Pohl,claim,"Under plain text of TUTSA, jury-found damages measured by attorneys' fees in other cases caused by misappropriation are recoverable as 'actual loss'"
439,62,"Tort of another doctrine with no clean hands requirement (Dixon, Massey, Lesikar, Standard Fire, Symetra)",Pohl,claim,Published precedent allows recovery; no clean hands or wholly innocent party requirement exists; Kassab does not argue Pohl fails to satisfy Dixon's elements; unclean hands defense requires showing injury to defendant from plaintiff's conduct (Wood v. Wiggins) which Kassab cannot show
440,62,Conspiracy not preempted by TUTSA (Whitlock),Pohl,claim,Texas courts permit joint and several liability through conspiracy for trade secret misappropriation; Kassab has no caselaw finding there can no longer be a conspiracy to misappropriate trade secrets; Kassab's inconsistent position (proportionate responsibility not preempted but conspiracy is) is unexplained
441,62,Kassab's liability independent of Precision — Kassab obtained secrets from Favre,Pohl,claim,Jury never found Kassab received trade secrets from Precision; evidence showed Favre sold them to Kassab; jury found Favre misappropriated; Kassab designated Precision as responsible third party and failed to secure necessary findings