47 results for 'judge:"Fitzwater"'.
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. 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. 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
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J. Fitzwater grants, in part, non-party city officials request to quash and for a protective order in a company's property zoning dispute. Certain topics pertaining to city council and the zoning commission's actions and communications are protected by legislative privilege.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: January 29, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Municipal Law, Zoning, Discovery
J. Fitzwater denies, in part, the Equal Employment Opportunity Commission's motion for a protective order quashing subpoenas served on four non-party witnesses in its case against an airline. Although the individuals need not produce the requested text messages, which would be duplicative of information already provided by the EEOC, the airline will be able to depose the individuals, as the depositions are not outside the scope of discovery.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: January 8, 2024, Case #: 3:22cv1807, NOS: Employment - Civil Rights, Categories: Employment, Discovery
J. Fitzwater quashes, in part, a company's requests for production from non-party city officials in a development-related dispute. The officials need not produce the requested text messages and telephone logs, as they are not relevant to the case.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: December 11, 2023, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Real Estate, Discovery
J. Fitzwater grants, in part, a consumer's motion for sanctions against a financial company and a car recovery service in his credit reporting case. The financial company's late-filed supplemental disclosure of new fact witnesses will be excluded to discourage others from engaging in untimely service.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: December 7, 2023, Case #: 3:22cv1289, NOS: Consumer Credit - Other Suits, Categories: Sanctions, Consumer Law, Banking / Lending
J. Fitzwater denies, in part, the government's motion for summary judgment on a veteran's pro se medical malpractice action arising from treatment for his heart condition. There are questions of fact regarding his timely claims for delay in care of pulmonary vein stenosis and failure to diagnose, inform and treat pulmonary fibrosis.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: December 5, 2023, Case #: 3:22cv982, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Veterans, Medical Malpractice