355 results for 'court:"USDC Northern District of Texas "'.
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
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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
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
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