180 results for 'court:"USDC Eastern District of Texas "'.
J. Mazzant denies in part the motions of the school district's superintendent and former transportation director to dismiss the parents' second amended complaint alleging their two children were sexually abused by a bus driver who was later arrested and died following his attempted suicide in jail. The parents alleged sufficient facts to defeat the school officials' qualified immunity as to the Section 1983 bodily integrity claims, and their request for punitive damages stands based on the officials' alleged failure to intervene despite the "onboard bus surveillance videos and anomalous GPS data" indicating the abuse.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv814, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Tort
J. Mazzant denies the motion for class certification in a case brought by individuals claiming they were unlawfully stopped, arrested or detained by a county employee who did not have an active peace officer license. The individuals have not shown the proposed class meets the numerosity requirement for certification, but they may refile the motion after additional discovery.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv250, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Discovery, Class Action
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J. Mazzant denies without prejudice the second renewed motion for notice to potential plaintiffs in a suit brought on behalf of Jason's Deli delivery drivers who allege the improper vehicle expense reimbursement rates cause their wages to fall below the federal minimum wage. The lead plaintiff has not met the "similarly situated" threshold as to the potential opt-in plaintiffs, but he will have one more opportunity to do so.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 25, 2024, Case #: 4:20cv385, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Crone grants in part the opposing motions to exclude expert testimony in an employment discrimination case alleging ADA violations when a welder's conditional job offer was revoked due to the presence of methadone and Xanax in his drug screen. For instance, the expert for the employer parties may not testify about the welder's "possible diversion of his medication" since it is not relevant and is prejudicial. Also, certain statements in the report of the EEOC's rebuttal expert should be stricken for being "impermissible legal conclusions."
Court: USDC Eastern District of Texas , Judge: Crone, Filed On: March 25, 2024, Case #: 1:21cv451, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment, Experts
[Consolidated.] J. Jordan grants an adult filmmaking company's motion to serve third-party subpoenas to internet providers in its copyright cases against a number of individuals who allegedly downloaded its films and redistributed them without permission. The information it seeks - the identity of the individuals based on their IP addresses - is pertinent to its cases.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 11, 2024, Case #: 4:22cv459, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Mazzant denies the gun owner's motion to reconsider and modify a judgment in a challenge to an ATF final rule that establishes criteria used to determine whether stabilizing braces convert pistols into short-barreled rifles that are fired from the shoulder. The gun owner is not entitled to a preliminary injunction since he has not shown a substantial likelihood he will succeed on his claims, including that the rule violates the Second Amendment. Also, he is not likely to suffer irreparable harm because the rule is currently stayed nationwide.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 1, 2024, Case #: 4:23cv80, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Constitution, Firearms
J. Jordan partly grants the defendant company's post-trial motions in a suit brought by former employees alleging race discrimination and retaliation stemming from alleged disparate treatment that Black employees faced. The jury ruled in favor of all the former employees and awarded each of them $7 million in total damages. The company's motion for judgment as a matter of law is granted as to all of the former employees' race discrimination claims since the evidence was insufficient to support the jury's verdict. The verdict as to the company's liability and the employees' damages "is so contrary to the evidence as to evince bias and prejudice on the part of the jury... The damages awarded are patently nonsensical."
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 1, 2024, Case #: 4:19cv905, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment Discrimination