theory_id,filing_id,theory,party,role,basis
377,52,Insufficient pleading of responsible third party allegations,Pohl,opposition,"Kassab's supplemental RTP motion contains the same prior factual allegations found deficient by Judge Dollinger, just reordered. No new factual allegations to fix the pleading defect."
378,52,Abatement is improper — future damages and unrelated litigation,Pohl,opposition,Future damages do not justify abatement. The Cheatham case outcome cannot establish Kassab's defenses in this lawsuit because Kassab is not a party to Cheatham.
379,52,Preemption of unlawful acts doctrine by proportionate responsibility statute,Pohl,opposition,"Kassab's unlawful acts defense has been preempted and does not apply, as established in Pohl's prior briefing on the Motion to Abate."
380,52,Attorney-client privilege not waived under offensive use doctrine,Pohl,opposition,Kassab failed to show how the legal elements of the offensive-use doctrine were met. Pohl's privilege over communications with Billy Shepherd remains intact.
381,52,Trial court discretion over discovery scope,Pohl,opposition,"Scope of discovery is within the trial court's discretion. Judge Dollinger reasonably exercised that discretion, especially given Kassab sought privileged materials from his own opposing counsel in related litigation and failed to show diligent pursuit."
382,53,Prohibition of leading questions on direct examination under Tex. R. Evid. 611(c),Pohl,opposition,Leading questions should not be used on direct examination; exception for hostile/adverse witnesses requires a showing Kassab has not made. Favre has been aligned with Kassab throughout the case.
384,53,Form objections to DWQ questions are proper on their face,Pohl,opposition,"Evidence is not always necessary to support form objections (In re Union Pac.). Questions with typos, vagueness, lack of temporal scope, and calls for speculation are facially objectionable."
389,55,Motion to reconsider under 281st Court Procedure I(I),Pohl,opposition,The Amended Motion is substantively a motion to reconsider because it seeks the same relief with the same arguments as the denied MSJs; such motions must be heard by submission only under court procedures.
390,55,No-evidence summary judgment — futility of repeated challenges after evidence showing,Pohl,opposition,"Once a party has presented sufficient evidence to defeat a no-evidence motion, further no-evidence challenges on the same elements are futile. Pohl's prior 30+ exhibits addressed every element."
391,55,Preemption of unlawful acts doctrine by proportionate responsibility statute (Dugger v. Arredondo),Pohl,opposition,"The Texas Supreme Court explicitly found the common law unlawful acts doctrine is 'no longer a viable defense,' preempted by the proportionate responsibility statute."
392,55,Trade secret protection — reasonable measures to maintain secrecy (disputed facts),Pohl,opposition,Pohl testified about reasonable steps taken. Same witnesses Kassab relies on also testified Pohl limited access and ensured confidentiality. Disputed material facts preclude summary judgment.
393,55,Ownership of trade secrets — disputed facts preclude summary judgment,Pohl,opposition,"Walker, Ladner, and Seymour gave conflicting testimony on whether information belonged to them or Pohl. Disputed material facts preclude summary judgment."
394,55,Unlawful acts doctrine inapplicable when claims don't require reliance on illegal acts,Pohl,opposition,"When the illegal conduct arises in a defense and not in the plaintiff's case, the unlawful acts rule will not bar a plaintiff's claims (Carcamo-Lopez). Pohl's claims don't require reference to any illegal act."