44 results for 'judge:"Rosenthal"'.
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
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
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J. Rosenthal finds for an insurance company on its claim against another insurer for the $1 million it paid to settle a car collision case, along with $169,000 in attorney fees and costs. The other insurer's policies completely cover the settlement at issue.
Court: USDC Eastern District of California, Judge: Rosenthal, Filed On: April 19, 2024, Case #: 1:18cv1319, NOS: Insurance - Contract, Categories: Insurance, Settlements, Attorney Fees
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. Rosenthal grants, in part, a group of treatment centers' motion to dismiss certain claims filed by a company that specializes in physiologic insulin resensitization treatments for diabetes. The company does not have standing to bring copyright and trademark dilution claims, and it fails to identify a trade secret that was misappropriated.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 21, 2024, Case #: 4:22cv3062 , NOS: Patent - Property Rights, Categories: Copyright, Trade Secrets, Trademark
J. Rosenthal denies, in part, two deputies' motion to dismiss a driver's civil rights claims following his arrest. He has sufficiently alleged his claims for excessive force and punitive damages.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 5, 2024, Case #: 4:23cv302, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages, Police Misconduct
J. Rosenthal denies, in part, an insurer's motion to dismiss a homeowner's claims arising from a coverage dispute for storm-related damage. The homeowner sufficiently alleges his breach of contract claim and a claim related to an allegedly unexplained incomplete payment made by the insurer.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 5, 2024, Case #: 4:23cv1897 , NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Rosenthal finds for an insurer on a property management company's coverage dispute arising from a roof leak. The company fails to show the leak was caused by a storm, rather than rot, wear and tear, and a pile of pine needles, which are not causes covered by the policy.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: December 13, 2023, Case #: 4:22cv4128, NOS: Insurance - Contract, Categories: Insurance, Property
J. Rosenthal grants a tequila soda company's motion for partial summary judgment on a tequila maker's claims for disgorgement of profits and actual damages in a trademark infringement case. The tequila soda company has shown it is operating at an $8 million loss, and the tequila maker fails to show it has suffered any actual damages caused by the alleged infringement.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: November 3, 2023, Case #: 4:22cv2972, NOS: Trademark - Property Rights, Categories: Trademark
J. Rosenthal denies, in part, a landlord's motion to dismiss a commercial tenant's claims arising from the landlord's termination of the lease due to the tenant's construction of a commercial kitchen on the property, which had been approved by the former landlord. There is a question of fact whether the signed remodeling plans modified the lease and are binding on the current landlord.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: October 19, 2023, Case #: 4:23cv2794, NOS: Other Contract - Contract, Categories: Landlord Tenant, Contract
J. Rosenthal refuses to dismiss a Houston-based company's action seeking more than $1 million in damages against two of its former executives who face criminal action in Mexico. Contrary to their argument, U.S. law, rather than Mexican law, applies to the case; therefore, they are not shielded from providing discovery of documents that may be incriminating.
Court: USDC Southern District of Texas, Judge: Rosenthal , Filed On: October 12, 2023, Case #: 4:22cv3385, NOS: Other Contract - Contract, Categories: Energy, Choice Of Law, Contract
J. Rosenthal denies, in part, three workers' motion for partial summary judgment on a hydraulic fracturing services company's affirmative defenses against their layoff-related claims. The company shows it is not precluded from asserting good faith and unforeseeable business circumstances affirmative defenses.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: September 26, 2023, Case #: 4:20cv2995 , NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Employment, Energy