theory_id,filing_id,theory,party,role,basis
64,8,Civil Barratry — counterclaim based on assigned claims,Kassab,counterclaim,"Counterclaims on behalf of 150 assigned barratry claimants whose claims were illegally solicited by Pohl through paid runners. Because barratry is not legal malpractice (per Pohl's judicial admission), assignment is permitted."
65,8,Compulsory Counterclaim Timeliness — Tex. Civ. Prac. & Rem. Code § 16.069,Kassab,counterclaim,"Counterclaims arising from same transaction may be filed even if barred by limitations, if filed within 30 days of the answer. Filed contemporaneously; remaining by November 7, 2018."
66,8,Statute of Limitations,Kassab,affirmative_defense,Pohl's claims are time-barred
67,8,Justification,Kassab,affirmative_defense,Kassab's conduct was justified
68,8,Estoppel,Kassab,affirmative_defense,Pohl is estopped from asserting claims
69,8,Waiver,Kassab,affirmative_defense,Pohl waived his claims
70,8,Ratification,Kassab,affirmative_defense,Pohl ratified the conduct complained of
71,8,Release,Kassab,affirmative_defense,Pohl released Kassab from liability
72,8,Unclean Hands,Kassab,affirmative_defense,Pohl's own illegal barratry precludes equitable relief
73,8,Contribution,Kassab,affirmative_defense,Other parties share responsibility for any damages
74,8,Failure to Mitigate Damages,Kassab,affirmative_defense,Pohl failed to mitigate his damages
75,8,Lack of Standing,Kassab,affirmative_defense,Pohl does not own the allegedly converted property
76,8,Accord and Satisfaction,Kassab,affirmative_defense,Claims resolved by accord and satisfaction
77,8,Assumption of the Risk,Kassab,affirmative_defense,Pohl assumed the risk of the alleged harm
78,8,Illegality/Criminal Acts,Kassab,affirmative_defense,Pohl's claims arise from his own criminal conduct (barratry)
79,8,First Amendment,Kassab,affirmative_defense,"Kassab's conduct is protected speech, petition, and association"
80,8,Attorney Immunity,Kassab,affirmative_defense,Kassab's conduct falls within scope of client representation
81,8,In Pari Delicto,Kassab,affirmative_defense,Pohl is equally at fault
82,8,Res Judicata,Kassab,affirmative_defense,Pohl's claims were or should have been litigated in the Mississippi Litigation (new defense added in this amended answer)