358 results for 'court:"USDC Northern District of Texas "'.
J. Lindsay finds jurisdictional deficiencies in Walmart���s removal to federal court of a personal injury claim brought by a customer. The customer���s recovery of damages is listed as $250,000 or less, which includes the possibility of damages below the federal jurisdictional limit of $75,000. In consideration of the evidence that the customer presents, she is unlikely to recover damages in excess of the federal jurisdictional limit. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: May 13, 2024, Case #: 4:23cv2736, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Jurisdiction
J. Lindsay finds jurisdictional deficiencies in Walmart���s removal to federal court in a personal injury claim brought by a customer. The customer���s recovery of damages is listed as $250,000 or less, which includes the possibility of damages below the federal jurisdictional limit of $75,000. In consideration of the evidence that the customer presents she is unlikely to recover damages in excess of the federal jurisdictional limit. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: May 13, 2024, Case #: 3:23cv2736, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Premises Liability
J. Pittman finds that the United States Chamber of Commerce is entitled to a preliminary injunction in suit against the Consumer Financial Protection Bureau over a rulemaking that would limit credit card payment late fees. The Fifth Circuit Court has already ruled that the bureau���s action was unconstitutional after a series of court transfers and rulings segmented this portion of the case under the jurisdiction of USDC Northern Texas��� Fort Worth division. In consideration of the Fifth Circuit ruling, there is sufficient likelihood that the chamber of commerce shall succeed, so the injunction is granted, and the Consumer Financial Protection Bureau���s regulation amendment is stayed.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: May 10, 2024, Case #: 4:24cv213, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Government, Consumer Law
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J. Fitzwater finds that a medical center that terminated contracts with two billing agencies for discrepancies and non-performance can join one of the billing agencies as an additional defendant in a suit that the medical center filed after they were sued by the other billing agency for premature termination of the contract. The joiner of the second defendant will defeat diversity jurisdiction, but the medical center has shown that their request to join a defendant is not undertaken solely to defeat diversity. When the medical center filed the suit, they already had a separate claim against the second billing agency, so they did not add the second agency as a defendant at that point. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: May 8, 2024, Case #: 3:23cv2523, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Means finds that county commissioners who established a regulation limiting electioneering on county property during elections have not violated a conservative group���s right to freedom of speech. The county property that is restricted by the regulation is not a traditional public forum and the county���s restrictions target electioneering activity broadly and are not designed to suppress a particular view. The conservative group���s request for a preliminary injunction is denied.
Court: USDC Northern District of Texas , Judge: Means, Filed On: May 7, 2024, Case #: 4:24cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Injunction
J. Horan finds that a plaintiff home loan company that claims a defendant financial company misappropriated the plaintiff company���s trade secrets does not need to provide further specific information about the trade secrets to supplement several of defendant���s interrogatories. The plaintiff company responded to the questions as asked and is not required to provide information beyond the language of the original interrogatories. Defendant's request for an order compelling plaintiff to provide further information is denied.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: May 7, 2024, Case #: 3:22cv2298, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery
J. Horan finds that a janitorial company did not violate the terms of all the individual contracts that a contracting agency terminated for failure to perform and other violations. The contracting agency���s evidence against the janitorial company indicating contract violations pertaining only to specific contracts cannot be extended as a reason to terminate all of the separate contracts for which the janitorial company brings the claims.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: May 1, 2024, Case #: 3:23cv94, NOS: Other Contract - Contract, Categories: Evidence, Contract
J. Fitzwater finds that a patient, who claimed that a veterans��� medical center failed to notify him about aspects of his heart and lung conditions and failed to take proper steps to care for aspects of his condition, has not provide sufficient evidence to prove his claims. The patient did not provide evidence that notification would have changed his health outcome and the overall body of evidence indicates that the treatment he received either did not fall below the standard of care or was not shown to have a connection to an adverse outcome.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 30, 2024, Case #: 3:22cv982, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Tort, Medical Malpractice
J. O���Connor finds that a case brought by John Sabal, the owner of the conservative publication The Patriot Voice, claiming that the Anti-Defamation League published defamatory content that falsely connected Sabal with anti-Semitic statements, conspiracy theories and events can proceed. The statements rise above the level of inference or opinion because they could be interpreted as factual by readers. The Anti-Defamation League���s motion to dismiss regarding the published statements is denied.
Court: USDC Northern District of Texas , Judge: O’Connor, Filed On: April 30, 2024, Case #: 4:23cv1002, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Terrorism, Defamation
J. Starr finds that a case against technology company Huawei, whose products a communications company claims infringe on its patented process for routing cell phone calls to local numbers to avoid long distance charges, may proceed. The patent involves more than an abstract idea, it describes a specific process which constitutes a contribution to the technological field, so it is valid. Huawei���s motion to dismiss is denied.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 30, 2024, Case #: 3:23cv151, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent, Technology
J. Fitzwater finds that an insurance company���s claim that it is entitled to recission of a policy because the policy holder misrepresented circumstances related to a building damaged by a tornado cannot be decided at summary judgment. Whether or not the policy holder misrepresented the circumstances of the damage must be determined at trial. The insurance company���s motion for summary judgment is denied.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 26, 2024, Case #: 3:20cv3718, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Horan finds that a company that repeatedly attempted to deliver a summons regarding an arbitration claim has not met requirements for a substituted service by email. The company attempted to serve the documents at several prior addresses but failed to identify a current address for the intended recipient. The motion to serve by email is denied at this time, but the company���s service deadline is extended.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 26, 2024, Case #: 3:23cv2642, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure
J. Brown finds that a school district, a principal and a teacher are not liable for the actions of an older student who touched younger female students inappropriately in the context of a student tutoring program. The district���s training of the teacher and principal is adequate and did not lead to the violations of the female students��� rights. The teacher and the principal are entitled to qualified immunity in that a reasonable person would not suspect that a mentoring program would lead to constitutional violations. Although the offending student violated the constitutional rights of the female students, he is not a state actor because mentorship is not considered a governmental function under Texas law, and the plaintiffs have not provided an authority that would support such a conclusion. The motions of the district, principal and teacher to dismiss are granted.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: April 26, 2024, Case #: 3:23cv1243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immunity, Negligence
J. Horan finds that a case in which an insured���s stated recovery is $250,000 or less, which does not conclusively place the damages above the limit for diversity jurisdiction of $75,000, can qualify for diversity jurisdiction if the insurance company that originally requested removal provides evidence that the damages sought by the insured are likely to exceed $75,000. The insurance company is granted leave to amend its notice of removal to further support qualification for diversity jurisdiction.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 25, 2024, Case #: 3:24cv130, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Jurisdiction
J. Horan finds that the testimony of an expert witness for the defendant energy services company, who testified as to whether suing energy company took reasonable steps to protect its trade secrets, shall not be removed from the record. The witness���s testimony does not invade the territory of the trier of fact, but rather provides information as to the steps that the sued company could have or did take to protect its trade secrets. Plaintiff���s motion to strike the expert witness���s testimony is denied.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 24, 2024, Case #: 3:22cv1981, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Experts
J. O���Connor finds that an attorney who claims that she was not promoted because she is female did not show that her employer���s reason for not promoting her is pretextual. The attorney���s claims that the qualifications of person hired for the position were exaggerated do not meet the requirement for pretext to a discriminatory decision that any reasonable employer would find the protected class member���s qualifications are superior. However, the attorney���s claims for failure to promote based on her age can proceed. The employer���s motion to dismiss claims of discrimination based on sex are granted but the motion to dismiss based on age is denied.
Court: USDC Northern District of Texas , Judge: O’Connor, Filed On: April 24, 2024, Case #: 4:23cv566, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Godbey finds that a case, brought by the caretaker of an intellectually disabled man who was jailed because of a behavioral episode, can survive motions to dismiss for improper venue and failure to state a claim, as argued by the sued county, health care organization and physician. The venue is sufficiently convenient for all parties and the caretaker presented evidence that defendants provided insufficient mental health care, which caused harm, and that organizations and individuals responsible for mental health care at the jail were aware that all prisoners at the facility lacked proper access to mental health care.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 23, 2024, Case #: 3:23cv1723, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Jurisdiction
J. Pittman finds that a litigant of a previous divorce proceeding does not have standing to sue judges and attorneys involved in the divorce case because both are immune from such actions. Furthermore, the litigant has produced no evidence to support their RICO claims that involve a scheme between judges, attorneys and the litigant���s bank to launder money through attorney fees to pay for property purchases. The litigant���s case is dismissed.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: April 23, 2024, Case #: 4:23cv758, NOS: Other Statutory Actions - Other Suits, Categories: Immunity, Jurisdiction, Racketeering
J. Kinkeade finds that the employer of a driver who struck and killed a man with her car in the course of her employment while the man was changing a tire on the side of the road is not liable for negligent training and hiring claims but claims against the driver for negligence regarding her being consciously distracted can proceed. There is not sufficient evidence indicating negligence by the company in hiring or training the driver but there is a record that that the driver sent text messages close to the time of the accident. Claims for pain and suffering related to the deceased are denied because evidence shows that he was killed instantly.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: April 19, 2024, Case #: 3:22cv2714, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Wrongful Death
J. Fitzwater finds that a tobacco store did not breach its lease for advertising CBD and other products because they are legal and commonly found in tobacco stores. But the store did breach its lease for selling bongs and pipes which are specifically prohibited in the terms of the contract. Summary judgment is granted to the tobacco store on the CBD claims, as well as to the property owner on the bong and pipe claims. The court grants the tobacco store leave to file an opposition response to summary judgment granted to the owner.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 17, 2024, Case #: 3:23cv781, NOS: Other Contract - Contract, Categories: Property, Contract
J. Fitzwater orders a city that subpoenaed information from another city that is a non-party in the underlying case to meet and confer with the non-party city to reduce the scope of the request. Subpoenas of non-parties must not be overly burdensome but, because the information sought may be of value to the case, the non-party city���s motion to quash is denied at this time.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 16, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Property, Discovery