180 results for 'court:"USDC Eastern District of Texas "'.
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J. Mazzant denies in part the motion to dismiss class action claims against a healthcare provider relating to an alleged data breach that compromised patients' confidential information and exposed them to the risk of identity theft. The lead plaintiffs have plausibly stated all of their claims, except the claim for negligence per se, which is dismissed.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: September 3, 2024, Case #: 4:23cv295, NOS: Other Contract - Contract, Categories: Civil Procedure, Negligence, Class Action
J. Johnson grants the defendant company's motion to strike the second amended complaint that alleges nonpayment of services provided in connection with a data migration project. The second amended complaint was not timely filed and was filed without obtaining "the opposing party's written consent or the court's leave." However, the plaintiff company has alleged plausible claims, so its motion for leave is allowed, and its third amended complaint is considered the "live pleading."
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: August 23, 2024, Case #: 4:23cv969, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Jordan grants in part the competitor parties' motion for summary judgment on tort and contract claims in a title insurer's suit alleging they misused its confidential information and solicited its employees after a failed acquisition. For instance, the title insurer's tortious interference claim relating to the hiring of its former employee fails because it did not show that the competitor was aware of the former employee's noncompete agreement when it hired her, and in any case, the noncompete is unenforceable.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: August 22, 2024, Case #: 4:21cv147, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Interference With Contract, Contract
J. Jordan issues rulings on evidentiary matters and grants in part the two former employees' motions for summary judgment in a suit in which their former employer alleged a breach of fiduciary duty and other claims when they went to a competing insurance company and solicited other employees to join them. One of the former employees is due summary judgment as to the fiduciary duty claim since there is insufficient evidence he solicited former co-workers, and the other former employee receives a favorable ruling regarding the noncompete agreement, which is deemed unenforceable as to her. Also, she is owed payment for her shares based on the "buy-back provision" in the parties' agreement.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: August 22, 2024, Case #: 4:21cv147, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Civil Procedure, Trade Secrets, Fiduciary Duty
J. Crone grants summary judgment to the school district in the former dance group sponsor's suit relating to allegations she mishandled booster club funds, which led to criminal charges against her that were later dismissed. The former sponsor abandoned the state law claims against the school district, and there is insufficient evidence to support her Section 1983 claims.
Court: USDC Eastern District of Texas , Judge: Crone, Filed On: August 19, 2024, Case #: 1:23cv392, NOS: Employment - Civil Rights, Categories: Constitution, Education, Employment
J. Jordan grants in part the defendant entities' corrected motion for attorney fees after the case was remanded back to state court because removal had been improper. The lodestar amount is calculated to be $16,045 in fees, and no upward or downward adjustment is warranted.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: August 16, 2024, Case #: 4:24cv484, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark, Attorney Fees
J. Johnson grants the individual plaintiff's motion to amend the judgment for re-election of remedies following a jury verdict finding the accused parties liable for fraud, negligent misrepresentation and breach of contract. The individual plaintiff will be allowed to recover damages under the statutory fraud theory instead of common law fraud since that affords him the greatest recovery when combined with attorney fees.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: August 14, 2024, Case #: 4:17cv404, NOS: Other Contract - Contract, Categories: Civil Procedure, Damages, Contract
J. Gilstrap grants in part the motion to dismiss, finding the malicious prosecution and conspiracy claims against the defendant company should be dismissed in a suit that started with a $400,000 business deal that turned into "nearly a decade of discord and financial ruin" and a "complete breakdown of civility." The plaintiff company and its member now control the defendant company, so there is no "genuine case or controversy" between the parties.
Court: USDC Eastern District of Texas , Judge: Gilstrap, Filed On: July 25, 2024, Case #: 4:24cv79, NOS: Bankruptcy Withdrawal 28 USC 157 - Bankruptcy, Categories: Civil Procedure, Malicious Prosecution