225 results for 'court:"USDC Western District of Texas "'.
J. Ezra partially grants Texas��� motion to dismiss after the federal government sued the state and Governor Greg Abbott over its ���buoy barrier��� in the Rio Grande, which was installed in the national water boundary ���without any federal authorization.��� While the United States can proceed with claims under the federal Rivers and Harbors Act, it cannot pursue claims based on the 1848 Treaty of Guadalupe Hidalgo because the treaty is ���not self-executing��� and does not ���provide any specific standard or rule of decision for a domestic court to follow.��� Nonetheless, while Texas has asserted that it has ���territorial rights��� to protect itself from a migrant ���invasion,��� ���the Founding Fathers conceptualized invasions as a part of war��� and not due to migration.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: April 26, 2024, Case #: 1:23cv853, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Immigration
J. Rodriguez denies an organization���s motion for an injunction and temporary restraining order after it sued the city of Kerrville, arguing local ordinances on ���peddlers and solicitors��� and ���electioneering��� violate the First Amendment. Despite expressing ���generalized��� concerns about the ordinances, the suing parties have not shown specific plans to engage in proscribed conduct and therefore lack standing for a restraining order.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 25, 2024, Case #: 5:24cv403, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
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J. Pulliam denies a franchisee���s motion to dismiss after he and his company were sued by a franchisor in a contract dispute. While that franchisee argues that this court lacks jurisdiction, he is ���closely related to the dispute��� and therefore ���bound by the forum selection clause contained within the Franchise Agreement,��� which specifies that either the Western District of Texas or Travis County state court will be the forum for any contract disputes.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 25, 2024, Case #: 5:23cv1531, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
J. Rodriguez mostly adopts a magistrate judge���s recommendations and grants a loan company���s motion for summary and default judgment after it was sued by a homeowner seeking to stop a foreclosure. That company, which countersued to quiet title, is the valid owner of the property and is ���authorized to enforce the power of sale through foreclosure.���
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 24, 2024, Case #: 5:22cv1234, NOS: Foreclosure - Real Property, Categories: Property, Real Estate, Foreclosure
J. Rodriguez partially grants a subcontractor���s motion to dismiss after it was sued by a company that had contracted it for IT work, which said that the subcontractor did not have ���the specialized knowledge to develop the IT system��� as it claimed and had other irregularities in its work, including double billing and improper installation. While the hiring company can proceed with its lawsuit, it cannot bring claims under the Computer Fraud Abuse Act, as even under the suing company's version of events, the subcontractor ���had at least some authorization to access the IT system at issue.���
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 23, 2024, Case #: 5:23cv1038, NOS: Other Contract - Contract, Categories: Negligence, Contract, Technology
J. Pulliam remands to state court a convoluted contractual dispute concerning the foreclosure of several properties, because a nondiverse party in the case ��� a substitute trustee for the foreclosing bank ��� was properly joined, and therefore this court lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv1527, NOS: Other Contract - Contract, Categories: Jurisdiction, Foreclosure, Contract
J. Pulliam mostly grants an insurer���s motion for summary judgment in a dispute with policyholders over payout for roof damage, which the insurer contends was largely uncovered wear-and-tear. While the policyholders have not shown bad faith, and the insurer is therefore entitled to summary judgement on most of their claims, the insurer has conversely presented ���no specific argument��� for dismissing the remainder of the case, including for alleged violations of the Texas Prompt Payment Act.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv411, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Casta��eda issues a multipronged discovery order in a lawsuit brought by an individual against a company for alleged violations of the Telephone Consumer Protection Act ��� determining, among other things, that it is too late for the company to designate an additional witness because it would be prejudicial to the suing individual.
Court: USDC Western District of Texas , Judge: Castañeda, Filed On: April 5, 2024, Case #: 3:22cv301, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Consumer Law, Discovery
J. Becerra grants summary judgment to the U.S. Department of Health and Human Services in a dispute with the State of Texas and a pharmacy over the Affordable Care Act. Those suing parties argued that federal anti-discrimination laws referenced in the Affordable Care Act, including those protecting pregnant people, could force the pharmacy to dispense abortion-inducing medication in violation of state law and the pharmacy's sincerely held religious beliefs ��� but ���much to the court���s surprise,��� HHS has repeatedly stressed this is not the case and has issued revised guidance clarifying that pharmacies do not have to fill prescriptions for abortion medications, and as such, there is no ���legally cognizable interest��� in the outcome of the case, so it is moot.
Court: USDC Western District of Texas , Judge: Becerra, Filed On: April 5, 2024, Case #: 7:23cv22, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Government, Health Care
J. Ezra partially adopts a report and recommendations and enters judgment in favor of outdoor company YETI in a trademark suit with several other people and brands after YETI said that some its products that were intended for destruction instead ended up at unauthorized resellers across the country. The sale of products bearing YETI���s ���famous and distinctive mark��� misled consumers into believing they were buying authorized products.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: March 21, 2024, Case #: 1:22cv1337, NOS: Trademark - Property Rights, Categories: Fraud, Trademark
J. Pulliam issues several rulings, including denying an Air Force worker���s motion for leave to amend her complaint, after that worker sued the secretary of the Air Force in a pro se case for failing to accommodate her alleged disability and retaliating against her. Multiple ripe motions stacked up because the worker has not responded to filings, which she says is a result of service issues. Regardless, the worker���s delays have been ���particularly egregious��� and have caused undue prejudice, and this court is ���uncertain��� why she has been unable to receive court orders.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: March 20, 2024, Case #: 5:22cv1186, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Employment
J. Berton allows an electronic company to conduct limited venue discovery in a patent dispute before ruling on a motion from a competitor it sued to either dismiss this case or transfer it to the District of Delaware. Venue is a ���threshold issue��� here, because if this case is ultimately transferred, the arguments for dismissal would be best considered by the other court.
Court: USDC Western District of Texas , Judge: Berton, Filed On: March 20, 2024, Case #: 6:23cv726, NOS: Patent - Property Rights, Categories: Patent, Venue, Discovery
J. Howell mostly dismisses defamation claims against the widow of the former CEO of a game publisher following a dispute between that publisher and a video game developer over ���persistent issues��� with the game, ���The Outbound Ghost.��� The developer can proceed with one part of its defamation claim after the widow claimed on social media that the developer had ���sabotaged��� efforts to fix the game, which ���both parties seemingly agree��� is not true.
Court: USDC Western District of Texas , Judge: Howell, Filed On: March 20, 2024, Case #: 1:22cv1302, NOS: Other Contract - Contract, Categories: Defamation, Contract
J. Biery adopts a report and recommendations and dismisses, with prejudice, a medical malpractice suit brought against an Army hospital under the Federal Torts Claim Act because the pro se patient has failed to timely respond to court motions and did not properly serve the Army hospital despite an order from a judge explaining how to do so.
Court: USDC Western District of Texas , Judge: Biery, Filed On: March 15, 2024, Case #: 5:23cv307, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Tort, Medical Malpractice
J. Pitman grants a tech company���s motion to transfer to the Northern District of California after it was sued by a competitor for alleged infringement of several patents because the factors in this case ���weigh overwhelmingly in favor of transfer,��� including because the ���vast majority of witnesses��� are based there.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 13, 2024, Case #: 1:23cv904, NOS: Patent - Property Rights, Categories: Patent, Venue
J. Pitman denies a special purpose acquisition company (SPAC)���s motion for a preliminary injunction seeking to force a mobile-payments processor to turn over communications after the suing company claimed the payment processor company had breached its contract, including by violating an NDA. Granting the suing company���s injunction in this case could create ���significant compliance costs��� for the payment-processing company and ���potentially hamstring��� its operations, and the suing company has not shown that the ���burden on irreparable harm or the balance of equities��� justifies the injunction.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 12, 2024, Case #: 1:23cv1549, NOS: Other Contract - Contract, Categories: Communications, Privacy, Contract
J. Pitman mostly adopts a report and recommendations in a civil rights suit brought by a former district manager against a Whataburger franchisee for alleged discrimination against him based on his sex and sexual orientation, finding, among other things, that the former manager cannot bring unconscionability arguments over clauses in his contract which the franchisee has already agreed to waive. The franchisee also cannot compel arbitration because the agreement required arbitration before the American Mediation Association, which no longer exists.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 12, 2024, Case #: 1:23cv686, NOS: Employment - Civil Rights, Categories: Arbitration, Civil Procedure, Employment
J. Rodriguez partially grants summary judgment to a couple who ��� after being sued by a insurance company for which they were indemnitors through performance bonds issued by the insurance company ��� brought suit against other parties whom they in turn said had a duty to indemnify them. While the husband has established that he had ���a valid and enforceable indemnity agreement,��� the couple has not shown that the wife was party to this agreement.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: March 11, 2024, Case #: 5:20cv1433, NOS: Other Contract - Contract, Categories: Insurance, Damages, Indemnification
J. Chestney grants an insurance company���s motion to exclude expert testimony in an insurance dispute with policyholders over damages from Winter Storm Uri while also denying a separate motion to exclude by those policyholders. While the policyholders have attempted to designate as experts adjusters and contractors who reviewed alleged damage to their home, they have not shown these individuals are relying on sufficient facts or data to provide reliable court testimony. Conversely, the insurance company has shown that its plumbing expert is reliable, and that person should be allowed to testify.
Court: USDC Western District of Texas , Judge: Chestney, Filed On: March 11, 2024, Case #: 5:22cv1110, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Experts
J. Berton partially grants a motion for summary judgment by a professional photographer in a lawsuit against a company that used edited versions of his photos on its commercial Facebook page because, while the photographer has established that the business violated his copyrights, he has not shown that the infringement will ���tarnish his reputation��� or established the dollar amount of lost licensing.
Court: USDC Western District of Texas , Judge: Berton, Filed On: March 8, 2024, Case #: 3:22cv271, NOS: Copyrights - Property Rights, Categories: Copyright, Licensing, Damages