theory_id,filing_id,theory,party,role,basis
489,67,Waiver of jury charge objections (Tex. R. Civ. P. 274),Pohl,claim,Kassab waived Q2 and Q3 objections by failing to raise them at charge conference; cannot raise for first time in motion for new trial
490,67,Waiver of verdict inconsistency objection (Bryan v. Papalia),Pohl,claim,Kassab waived right to object to alleged inconsistency by not asserting before Court dismissed jury
491,67,Unlawful acts doctrine preempted by proportionate responsibility (Dugger v. Arredondo),Pohl,claim,Texas Supreme Court found common law unlawful acts doctrine no longer viable defense; reasoning applies to TUTSA claims; Kassab cannot claim benefit of proportionate responsibility while seeking conflicting doctrine
492,67,No privilege to misappropriate trade secrets,Pohl,claim,No Texas case law supports claimed privilege; Alderson distinguishable; Kassab asks Court to be first in Texas to adopt such privilege
493,67,Attorney immunity requires attorney-client relationship at time of conduct (Youngkin),Pohl,claim,No attorney-client relationship existed when Kassab used trade secrets for mass solicitation before having clients
494,67,Grievance immunity inapplicable — claim predates grievance filing,Pohl,claim,"Misappropriation claim accrued upon acquisition/use of information, which occurred before any grievance filed by Kassab"
495,67,Judicial proceedings privilege limited to libel/slander (Landry's),Pohl,claim,Gravamen of Pohl's complaint is not reputational harm but actual losses from misappropriation that occurred before any proceeding
496,67,TUTSA actual losses include attorney fees — flexible approach (Sw. Energy),Pohl,claim,Flexible and imaginative approach to trade secret damages; fees from other cases constitute actual losses
497,67,Tort of another doctrine permits recovery (Dixon Fin. Servs.),Pohl,claim,Equitable principles allow recovery of attorney fees as actual damages when party required to prosecute/defend prior action as consequence of defendant's wrongful act
498,67,"Property owner rule applies to intangible property (Custom Transit, Jabri)",Pohl,claim,Binding precedent confirms property owner rule applies even to intangible property; Pohl's opinion testimony on trade secret value was proper
499,67,Conspiracy not preempted by TUTSA,Pohl,claim,Conspiracy does not provide conflicting remedy — it makes same TUTSA remedy apply jointly and severally; no more inconsistent than proportionate responsibility which Kassab argues is applicable
500,67,Exemplary damages unanimously found and properly awarded,Pohl,claim,"Jury unanimously found willful/malicious misappropriation; $3M complies with statutory 2x cap on actual damages over $2M; evidence of orchestrated scheme, lies to jury, unprecedented grievance publicity"
501,67,"Barratry counterclaims properly dismissed — res judicata, no § 16.069 tolling, non-assignable",Pohl,claim,Same claims resolved by prior final judgments; claims don't arise from same transaction; punitive statutory claim not expressly assignable; assignments against public policy