Legal Theories

509 claims, defenses, counterclaims, and affirmative defenses

Data license: Public court records

6 rows where filing_id = 24

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theory_id ▼ filing_id theory party role basis
201 24 24 Res Judicata — Dispositive Pohl defense Kassab confirmed his counterclaims are the same claims previously adjudicated; Marino (subsequently recognized claim) and Stubbs (new ordinance, different land use) are distinguishable because the barratry claims existed and were dismissed before the second action; under Hernandez, focus is on whether claim existed and could have been raised
202 24 24 Statute of Limitations — Section 16.069 Inapplicable Pohl defense Kassab does not dispute the underlying claims are time-barred; § 16.069 does not apply because the claims are from different transactions, fair notice was not given, and post-lawsuit assignments cannot trigger the savings clause
203 24 24 Logical Relationship Test — 'Significant' Requirement Pohl defense Kassab selectively omitted the requirement that facts must be 'significant and logically relevant' (not merely logically relevant) to both claims; how Precision acquired information is not significant to Pohl's claims about Kassab's 2016 purchase and use
204 24 24 Non-Assignability of Punitive Statutory Claims (PPG framework) Pohl defense PPG's four-factor analysis applies beyond DTPA claims to any statutory punitive claims; barratry claims are personal and punitive; legislature was silent on assignability; risks of distortion apply to the class of claims; Kassab ignored the four factors
205 24 24 Public Policy Invalidity — Assignments as Transparent Devices Pohl defense Kassab's own admissions show the Assignments 'tend to increase or prolong litigation' and are 'transparent devices' to circumvent limitations, violating public policy under Sw. Bell and LAKXN; Kassab's 'unclean hands' argument is not competent evidence
206 24 24 Judicial Estoppel Inapplicable to Pohl Pohl defense Pohl did not take an inconsistent position (referred to 'purported' assignments) and did not prevail on the argument in the Texas Supreme Court; Ferguson requires 'successfully maintained' position, which Kassab selectively omitted

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CREATE TABLE legal_theories (
    theory_id INTEGER PRIMARY KEY AUTOINCREMENT,
    filing_id INTEGER REFERENCES filings(filing_id),
    theory TEXT,
    party TEXT,
    role TEXT,
    basis TEXT
);