52 results for 'judge:"Mazzant"'.
J. Mazzant finds that the district court improperly found that the city did not have sovereign immunity as to this wrongful death suit arising from the shooting death of a woman by a defendant who had been released while his charges for two other shootings were pending. The chief of police did not owe a duty to protect the victim or her family from the drive-by shooting, and so the negligence claims cannot be sustained. By proxy, the Mississippi Tort Claims Act claims against the city cannot be sustained, and the city is therefore entitled to sovereign immunity. Reversed.
Court: 5th Circuit, Judge: Mazzant , Filed On: September 13, 2023, Case #: 22-60231, Categories: Tort, Immunity, Negligence
J. Mazzant denies the individual's motion for summary judgment in his suit against apartment owners accused of wrongfully assisting a federal investigation of him in connection with the events of January 6, 2021, at the U.S. Capitol. The fact that the owners cooperated with federal investigators "is not alone dispositive" of any claims.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: August 30, 2023, Case #: 4:22cv787, NOS: Rent Lease & Ejectment - Real Property, Categories: Civil Procedure, Landlord Tenant, Tort
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J. Mazzant finds the district court improperly dismissed this breach of contract action brought by the successor-in-interest of a title insurance dispute regarding a mortgage note which was secured by a lien on real property. After foreclosure, the original loan servicer discovered discrepancies in the title based upon a gift warranty deed received by the borrowers. Further litigation ensued involving multiple parties and the district court determined that absent parties are required under a particular rule of civil procedure while failing to “undertake an examination of the practical and equitable … factors” raised in a party’s absence, according to the rule of civil procedure being used. Vacated and remanded.
Court: 5th Circuit, Judge: Mazzant, Filed On: August 30, 2023, Case #: 22-50930, Categories: Property, Banking / Lending, Contract
J. Mazzant grants dismissal to the school district and individual defendants in a suit involving alleged physical abuse of a middle school student who had been asked to leave the classroom to calm down after exhibiting "negative behaviors." The state law claims are dismissed for multiple reasons, including lack of jurisdiction and governmental immunity. The Section 1983 due process claim is dismissed for failure to state a claim.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: August 18, 2023, Case #: 4:22cv821, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Tort
J. Mazzant grants in part the motion to dismiss as to the individual officials in an employment discrimination case stemming from the firing of two employees due to a purported reduction in force at the Texas A&M Engineering Extension Service. The Eleventh Amendment bars the claims brought under the Texas Labor Code, plus the ADA and ADEA claims against two of the officials. Also, the employees' claims under the FMLA were not adequately pleaded.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: June 30, 2023, Case #: 4:21cv1005, NOS: Employment - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Employment Discrimination
J. Mazzant denies the motions for summary judgment in the former police captain's retaliation case stemming from his termination and perjury charge for filing an affidavit supporting a motion to transfer venue for his friend, a jail administrator who was arrested after allegedly facilitating an inmate's escape from the county jail. The captain's speech involved a "matter of public concern" when he expressed that his friend could not receive a fair trial in Wood County, and there is sufficient evidence of a conspiracy to retaliate against him.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: June 1, 2023, Case #: 4:19cv406, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Immunity
J. Mazzant grants partial summary judgment that the decedent's ex-wife is the primary beneficiary of his life insurance policy instead of his father, who also claims entitlement to the proceeds. The evidence shows that the policy was the decedent's separate property, and his designation of the ex-wife as the primary beneficiary is still effective.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: May 31, 2023, Case #: 4:22cv340, NOS: Insurance - Contract, Categories: Civil Procedure, Family Law, Insurance
J. Mazzant awards the guitar maker $1,248 in net profits and $9,176 in attorney fees on its post-verdict claim of contempt against the competitor that was still selling infringing guitars in violation of the permanent injunction against it.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: May 23, 2023, Case #: 4:19cv358, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Attorney Fees