256 results for 'court:"USDC Southern District of Texas"'.
J. Ellison finds that a homeowner whose house was damaged in a flood and now disputes the cost of the damages with his insurance company has not provided sufficient evidence on several of his claims. Many of the claims are based on the estimates of an insurance adjuster that the homeowner hired however the court grants the insurance company’s motion to strike the homeowner’s expert because the expert refuses to provide his resume or other qualifications. The insurance company’s own expert indicated that the damage compensation provided by the insurance company is inadequate to so a dispute of fact as to the cost of the damages exists. The homeowner’s claims based on his own repairs and the dispute of fact can proceed but the insurance company is granted summary judgment on all other claims.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 7, 2024, Case #: 4:23cv34, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Experts
J. Rosenthal finds that a salon company, which recovered only a fraction of their damages in bankruptcy court after a construction contractor filed for bankruptcy during construction of a salon and did not complete the project, cannot pursue fraudulent inducement claims against the family that operated the construction firm. The salon company argues this case involves a different cause of action from the claim adjudicated during bankruptcy proceedings, but the court finds that the facts asserted in both claims center on the construction company entering a contract it did not intend to complete. The fraudulent inducement claim is barred by the prior proceeding, so the suit is dismissed.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv2408, NOS: Other Fraud - Torts - Personal Property, Categories: Bankruptcy, Fraud
J. Rosenthal finds that a law firm’s claims over a lawyer referral service’s practice of diverting the law firm’s prospective clients toward the referral service by purchasing the law firm’s business name and other business marks on the Google search engine can proceed against the referral service but not against an individual employee of the service. The law firm has not provided sufficient evidence of the employee’s personal involvement. A motion to dismiss the claims against the individual employee is granted without prejudice and the law firm is granted leave to amend its complaint.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv4643, NOS: Trademark - Property Rights, Categories: Tort, Trademark, Business Practices
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rosenthal finds that a company that discontinued payment on a software product contract when the product failed to meet the company’s needs may proceed on a negligent misrepresentation counterclaim against the software firm. An integration clause, stating that the contract supersedes any prior agreements, does not release the software vendor from its responsibility to accurately represent the ability of the product to meet the needs of the company.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv108, NOS: Other Contract - Contract, Categories: False Claims, Contract
J. Ellison finds that an employee and stockholder who seeks recission of an inapplicable joinder agreement he mistakenly signed as part of a packet of documents for a required sale of his stock due to a merger shall honor portions of the merger agreement calling for disputes to be governed by the Delaware Court of Chancery or the United States District Court of Delaware. The employer’s motion to dismiss is granted.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 3, 2024, Case #: 4:23cv4290, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Ellison finds that FBI employees who were required to take regular Covid-19 tests, as part of an accommodation policy for those that requested a religious exemption to vaccine mandates, cannot sue Attorney General Merrick Garland and FBI Director Christopher Wray in their individual and official capacities for violations of the Religious Freedom Restoration Act. The court lacks subject matter jurisdiction because sovereign immunity prevents the plaintiffs’ claim under the Act, and the defendants’ location in Washington D.C. and their roles enforcing U.S. policy prevent the court from having personal jurisdiction. The suit is dismissed.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: April 29, 2024, Case #: 4:23cv1817, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, Jurisdiction, Employment Discrimination
J. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Arbitration, Communications, Consumer Law
J. Hanen finds that evidence does not support an employee’s claims that his prior employer retaliated against him by investigating his conduct after he made complaints about discrimination. There is evidence that the employer initiated the investigation into personal expenditures charged by the employee to the company credit card before the employee made complaints of discrimination so the investigation could not have arisen as a retaliatory action. The employer’s request for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 25, 2024, Case #: 4:22cv3454, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Edison finds, upon remand, that one group of investors in a divided class can move forward with class certification in a case regarding a failure to disclose information prior to a merger. The court initially ruled that applicants for a class action must be separated because the class included stockholders of both companies involved in the merger creating a conflict. On remand, one group of investors holding stock in one of the companies involved in the merger can certify as a class at this juncture with the recommendation that investors holding stock in the other company be permitted to apply for class certification separately.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: April 24, 2024, Case #: 4:18cv4330, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Anderson grants, in part, attorney fees, interest and conditional appeals fees to a company that filed a breach of contract claim in state court but then filed a motion to dismiss to file a new claim in federal court in which the company prevailed. The attorney fees and interest are not recoverable for the case in the state court because of the defendant’s LLC status, but the fees are recoverable in federal court. The requests for fees pertaining to the federal case are granted in full.
Court: USDC Southern District of Texas, Judge: Anderson, Filed On: April 23, 2024, Case #: 3:21cv298, NOS: Other Contract - Contract, Categories: Civil Procedure, Venue, Attorney Fees
J. Edison examines diversity jurisdiction on remand from the Fifth Circuit Court and finds that a trustee was appointed solely to qualify for diversity jurisdiction in a property dispute with a rental company. The trustee has no special experience, he was appointed quickly with no evidence of a longstanding relationship, and the trustee duties basically involved following the direction of the trust’s lawyers. The rental company’s motion to dismiss on lack of diversity jurisdiction is granted without prejudice.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: April 17, 2024, Case #: 3:19cv249, NOS: All Other Real Property - Real Property, Categories: Property, Jurisdiction
J. Hansen finds that partners in a business that broke up during a mortgage default are still liable for the remaining debt after foreclosure per the clear, enforceable language of the mortgage agreement. One of the partners in the business break-up, who controlled the mortgage, is liable for indemnification of the other partners under the applicable laws. An issue of fact as to which partner signed the mortgage shall be resolved at trial.
Court: USDC Southern District of Texas, Judge: Hansen, Filed On: April 16, 2024, Case #: 4:22cv3901, NOS: Other Contract - Contract, Categories: Bankruptcy, Corporations, Debt Collection
J. Rosenthal finds that a tequila producer using the brand “Casa Azul” is not liable for trademark infringement against another producer selling its products under the brand “Clase Azul.” The producer of the “Clase Azul” brand has not shown that the name is well known, rather the brand’s blue and white hand painted bottle is its most widely recognized trademark. It is unlikely that the two brands would be confused because the “Casa Azul” bottle is not similar. All claims are denied.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: April 15, 2024, Case #: 4:22cv2972, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Lake rules that a case involving an employee who brought sex discrimination claims against a manager and a human resources director, for their roles in retaliating against her for complaining of sexual harassment, shall be remanded to the state court. The employee can bring charges generally reserved for employers against the manager and the human resources director because they are agents of the employer. However, since the court knows of no state rulings on this issue, it approves of the removal of the case to federal court and declines to grant the employee attorney fees for the federal proceeding.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 12, 2024, Case #: 4:24cv411, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hanen finds that the claims of professor who was denied a promotion after speaking out against discriminatory behavior toward women university employees can proceed to a jury trial based only on professor’s retaliation and discrimination claims. The professor cited emails in which she repeatedly pointed out gender-based discrimination to her supervisors, along with formal complaints she submitted to the university, which provide sufficient context for retaliation.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 11, 2024, Case #: 4:15cv2824, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Lake finds that an auto loan servicer was negligent in reporting the towing of a motorist’s vehicle after an accident as a repossession to credit reporting agencies despite multiple disputes from the motorist whose loan payments were current. The loan servicer failed to properly investigate their own documentation showing that the motorist’s payments were up to date but the evidence does not show willfulness. The loan servicers request for summary judgment is denied on all claims except for the willfulness claim.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 9, 2024, Case #: 4:23cv1272, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Vehicle, Banking / Lending
J. Lake finds the use of the name of a defunct musical group by two former members of the group in a new iteration of the band, featuring a new third member, was not an unauthorized use. However, their request for attorney fees is denied because the plaintiff, the band’s former third member, did not conduct their infringement case against the new group in an unreasonable manner.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 4, 2024, Case #: 4:21cv3942, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees