35 results for 'judge:"Edison"'.
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. 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
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J. Edison finds for a lender on its counterclaims for breach of contract and foreclosure. The borrower is in default of her loan, as she has failed to make a payment in seven years, and the lender has provided the required notices of default.
Court: USDC Southern District of Texas, Judge: Edison , Filed On: February 20, 2024, Case #: 3:22cv172, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending, Contract
J. Edison recommends granting, in part, a retirement association and pension fund's motion for class certification in their securities action against an oil exploration and production company. The company has rebutted certain claims falling beyond 2018; therefore, the class period will be limited to September 2016 to February 2018.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: February 9, 2024, Case #: 4:21cv575 , NOS: Securities/Commodities/Exchange - Other Suits, Categories: Energy, Securities, Class Action
J. Edison recommends granting summary judgment to a bank in a foreclosure case. The bank holds a valid claim on the property at issue as the legal holder of the note, and, contrary to the property owner's argument, the statute of limitations has not run on the bank's right to foreclose on the property.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: January 2, 2024, Case #: 3:20cv354, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending
J. Giuliano denies, in part, a landlord's claims related to a commercial tenant and its guarantor's alleged breach of the parties' lease and other agreements. There are questions of fact regarding its claims for breach of lease, breach of guaranty and breach of settlement agreement.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: November 9, 2023, Case #: 3:22cv425, NOS: Rent Lease & Ejectment - Real Property, Categories: Landlord Tenant, Contract
J. Edison denies, in part, an engineering firm's motion to compel documents in its case against a terminal services company and others. The terminal company and a third-party supply company are joint clients of the terminal company's counsel and, therefore, communications between them are presumptively privileged.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: October 26, 2023, Case #: 3:21cv94, NOS: Other Contract - Contract, Categories: Discovery, Privilege
J. Edison dismisses an individual's pro se interpleader action against a mortgage company and others. He fails to state a claim for wrongful foreclosure, embezzlement, fraud and unjust enrichment.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: October 10, 2023, Case #: 3:23cv135, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Banking / Lending, Contract
J. Edison grants, in part, ExxonMobil's motions to exclude certain testimony in its case against a crane company following the collapse of a crane at a California-based refinery. Testimony regarding comparative fault or contributory negligence is barred, as both parties agree these issues are inapplicable.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: September 26, 2023, Case #: 4:21cv3008, NOS: Other Contract - Contract, Categories: Civil Procedure, Energy, Negligence
J. Edison grants, in part, ExxonMobil's motion to exclude expert testimony in its case against a crane company following the collapse of a crane at a California refinery. One expert is limited to testifying only to opinions he included in his expert report, per the rules of civil procedure, while another expert's testimony on an unrelated explosion at the refinery or who the prime contractor was will be excluded as irrelevant and lacking in factual basis.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: September 25, 2023, Case #: 4:21cv3008, NOS: Other Contract - Contract, Categories: Experts, Warranty, Contract
J. Edison recommends granting $161,000 in attorney fees and costs to the workers following their success on labor claims. The requested $196,000 is reduced to account, in part, for duplicative or unnecessary work.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: August 7, 2023, Case #: 3:19cv320, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Labor