358 results for 'court:"USDC Northern District of Texas "'.
J. Starr finds that an employee who alleges that the owner of the company she worked for sexually harassed her on a daily basis and then fired her for not deleting harassing text messages he sent to her is entitled to back pay and compensatory damages in a default judgment. The employee���s pleading and the merits of her case are sufficient to meet required standards for a default judgment award. However, punitive damages are denied because, in total, with compensatory and back pay, the damages would exceed statutory limits.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 16, 2024, Case #: 3:22cv1181, NOS: Employment - Civil Rights, Categories: Civil Procedure, Emotional Distress, Employment Discrimination
J. Horan finds that suing energy services firm is not entitled to spoilation of evidence sanctions against the sued energy services company, whose employees destroyed information on their personal cellular phones after the suing firm requested this information for its relevance to the underlying case. The information involved text messages between the two businesses��� employees, and the parties should be able to retrieve the information from its own employees so there is no evidence that the information is no longer accessible.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 12, 2024, Case #: 3:22cv1981, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Evidence, Sanctions
J. Godbey finds that a property owner that submitted an insurance claim for damages after discovering that an easement for a gas line on a recently purchased property may continue litigation on the claim that the insurance company breached a contract by not fully compensating plaintiff for damages related to the adverse interest in the property. The insurance company failed to adequately show that it met all contract obligations to the property owner. Summary judgment is granted to the insurance company on three other claims by the property owner, but breach of contract survives.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 11, 2024, Case #: 3:21cv2837, NOS: Insurance - Contract, Categories: Insurance, Real Estate, Contract
J. Horan finds that a health care management company���s failure to produce court ordered documents in an underlying trademark case brought by a group of hospital emergency rooms is not excusable just because the company says it faced technical difficulties retrieving the documents. The limited number of documents that the company failed to produce are of specific and central importance to the case suggesting an attempt to evade the court���s order to produce. The court grants sanction measures requested by the emergency rooms.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 8, 2024, Case #: 3:23cv891, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Attorney Fees
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J. Ellison finds that a case brought by a distributor of telecommunications products in which a manufacturer terminated an exclusive contract and directed the distributor���s customers to buy directly from the manufacturer can proceed to review an amended complaint from the distributor. The court awaits relevant information to be presented in the amended complaint that will determine if the distributor���s client list constitutes trade secrets.
Court: USDC Northern District of Texas , Judge: Ellison, Filed On: April 8, 2024, Case #: 4:22cv48, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Toliver granted a motion to dismiss negligent hiring, training and retention claims made by a motorist who was hit by a tractor-trailer when it crossed over the highway centerline. The motorist did not provide evidence that the employer had failed to provide training beyond what a potential employee might be reasonably expected to know, such as the basic rules of the road. The motorist is granted leave to amend.
Court: USDC Northern District of Texas , Judge: Toliver, Filed On: April 5, 2024, Case #: 3:24cv114, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Tort, Negligence
J. Kacsmaryk finds that a case in which a mortgage association secured a loan from a bank with Home Equity Conversion Mortgage collateral and then declared that collateral agreement unenforceable, survives the mortgage association���s motion to dismiss. The bank���s claims in this case cannot be eliminated by statutory, regulatory or contractual elements and there is no legal barrier preventing claims of ���interference with property rights��� under Texas law.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: April 3, 2024, Case #: 2:23cv156, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Interference With Contract, Banking / Lending
J. Starr denies a preliminary injunction to a franchisee of Pizza Hut that owns 142 restaurants; Pizza Hut seeks to terminate the franchise agreements, claiming the franchisee breached a forbearance agreement. The franchisee does not deny that they breached the forbearance agreement, nor provide evidence that Pizza Hut breached the agreement, making their claims unlikely to succeed and disqualifying them from a preliminary injunction.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 2, 2024, Case #: 3:24cv646, NOS: Franchise - Contract, Categories: Interference With Contract, Contract, Injunction
J. Scholer allows a petroleum vendor���s claims of constructive fraud to proceed in a case in which defendant continued to advance a client funds to purchase petroleum products despite defendant���s knowledge of the client���s inability to pay. The client filed for bankruptcy and the vendor now seeks payment for the petroleum product from defendant because Oklahoma���s Oil and Gas and Lien Act allows hydrocarbons to be sold with a lien on the proceeds from the sale of the product.
Court: USDC Northern District of Texas , Judge: Scholer, Filed On: March 29, 2024, Case #: 3:23cv525, NOS: Other Contract - Contract, Categories: Energy, Fraud, Contract
J. Lynn denies, in part, JPMorgan's motion for summary judgment on a wind farm's contract claim. There is a question of fact whether JPMorgan improperly declared a default and sought foreclosure.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: March 28, 2024, Case #: 2:21cv37, NOS: Other Contract - Contract, Categories: Energy, Banking / Lending, Contract
J. Lynn dismisses Raytheon employees��� claims of race discrimination based on failure to promote and higher wages paid to non-Black employees. The judge finds several inconsistencies among Raytheon���s claims such as comparison of wages to higher positions, or not receiving promotions for positions that the employees did not actually apply for. All claims are dismissed without prejudice except in the case of one employee, who did not identify a protected activity that led to his retaliation claim.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: March 28, 2024, Case #: 3:22cv2675, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation