226 results for 'court:"USDC Western District of Texas "'.
J. Howell denies a company���s motion to disregard jury findings and amend judgment after it was sued by a former employee who alleged he was abruptly fired after loaning the company a large amount of money. At jury trial, jurors ruled mostly but not entirely in favor of the employee. They were ���presented with sufficient evidence justifying the exact figure they chose,��� and the company has not provided adequate basis for overturning their findings.
Court: USDC Western District of Texas , Judge: Howell, Filed On: December 1, 2023, Case #: 1:21cv331, NOS: Other Contract - Contract, Categories: Employment, Jury, Contract
J. Rodriguez partially grants Kerrville Independent School District���s motion for summary judgment after it was sued by a former student alleging that she was sexually abused during her time at the school district. While the student may overall proceed with her lawsuit, she has not adequately alleged some negligence claims against the school district, including for failure-to-train, because there is a genuine dispute as to whether school officials ���actually knew that there was a substantial risk that sexual abuse would occur.���
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 30, 2023, Case #: 5:21cv369, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Tort
J. Moses denies the state of Texas��� motion for a temporary injunction after it sued federal agencies and officials over their destruction of razor-wire fencing installed by Texas on the U.S.-Mexico border. Texas has not yet established that destruction of its fencing resulted from a ���final agency action��� by the feds, rather than individual decisions by Border Patrol officials who, for example, may need to cut open fencing in order to rescue migrants from the Rio Grande.
Court: USDC Western District of Texas , Judge: Moses, Filed On: November 29, 2023, Case #: 2:23cv55, NOS: Other Statutory Actions - Other Suits, Categories: Government, Immigration, Federalism
J. Rodriguez partially grants summary judgment in favor of civil rights advocates and the United States in a major ongoing case challenging the validity of a new voting security law in Texas. Some aspects of the law violate the Civil Rights Act of 1964 and should not be enforced, including rules requiring Texas voting officials to automatically reject mail-in ballots or applications regardless of whether that person is eligible to vote in Texas.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 29, 2023, Case #: 5:21cv844, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
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J. Pitman dismisses some claims in a civil rights suit brought against Baylor University by a former student alleging that the university did not properly handle her report of sexual assault. While some of the student���s claims against Baylor can proceed, her claims against two athletic officials are dismissed because she has not shown that they should have foreseen the assault or that they breached their duties to her.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 21, 2023, Case #: 6:16cv403, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Hightower denies a self-described crypto influencer���s motion to exclude expert testimony in a lawsuit brought by the SEC seeking to penalize the influencer for selling securities without a registration statement. The influencer has not shown that the expert, a professor who specializes in crypto markets and blockchain technology, plans to offer testimony that is overly opinionated or outside his area of expertise.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: November 20, 2023, Case #: 1:22cv950, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Government, Securities, Experts
J. Pitman finds that Texas education officials violated the Servicemembers Relief Act by not adequately providing accommodations for a military spouse and enjoins officials from enforcing a violating section of the Texas Administrative Code. While Texas officials argued that the spouse���s teaching licenses were inactive because she had not recently ���actively used��� them, requirements on licensure in the Servicemembers Relief Act should be ���liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation.���
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 20, 2023, Case #: 1:23cv551, NOS: Other Statutory Actions - Other Suits, Categories: Education, Government, Licensing
J. Pitman grants an injunction to Department of Labor after it sued a mining company in an effort to enforce requirements on regular mine inspections. The mining company argued the mine had ceased operations and therefore should not be subject to such requirements, but federal officials have already determined that the site meets the technical definitions of a surface mine, and this classification ���should be treated as conclusive.���
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 20, 2023, Case #: 1:23cv1147, NOS: Other Statutory Actions - Other Suits, Categories: Government, Labor, Injunction
J. Pitman finds for the insurer in an underinsured motorist insurance dispute. The insurer is not contractually liable for the underinsured motorist insurance limits until liability and underinsured status was determined in the underlying lawsuit against the negligent driver who struck and killed a tow-truck driver. No such judgment existed at the time the decedent's family made its demand on the insurer.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 6, 2023, Case #: 1:22cv765, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Howell mostly dismisses a motion for summary judgment by an employee after he was sued by his former company for allegedly misappropriating company property and information after failing to ���close a single deal from any lead derived on his own��� despite being director of sales for the company. The worker is entitled to summary judgment on a claim for alleged blackmail brought under the Anti-Cyber Squatting Consumer Protection Act because the company ���abandons this claim��� after failing ���show the existence of a distinctive mark��� that the worker could have infringed on, but the motion is denied in all other respects.
Court: USDC Western District of Texas , Judge: Howell, Filed On: November 2, 2023, Case #: 1:21cv20, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Technology
J. Counts adopts a magistrates report and recommendations, and compels arbitration in a lawsuit between an oil services company and employees who say they were misclassified as independent contractors and underpaid for overtime. Despite objections by employees, this case should first go to arbitration because the workers signed a valid arbitration agreement.
Court: USDC Western District of Texas , Judge: Counts, Filed On: October 31, 2023, Case #: 7:22cv176, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Employment, Labor
J. Pitman denies a motion to stay a case pending an interlocutory appeal brought by several members of a ���Trump Train��� who were sued by Biden-Harris 2020 campaign members over a high-profile incident in which Trump supporters surrounded and boxed in a Biden-Harris campaign bus on a Texas highway during the 2020 election season. While a Fifth Circuit opinion provided the Trump supporters with a new avenue to seek an interlocutory appeal, they have failed to show how such an appeal would ���materially advance the termination of the litigation��� ��� one necessary prong for certification ��� and this court therefore denies the request for a stay.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: October 18, 2023, Case #: 1:21cv565, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Elections
J. Pitman denies a law firm���s motion for a new trial after it was sued for legal malpractice due to the failure of a legal subcontractor to make timely filings. A previous jury trial determined that its legal insurance company did not fail to comply with its policy. While this outcome may be ���unintuitive,��� precedent would hold that the insurance company was ���prejudiced��� by the lack of settlement in the underlying in the case, and this prejudice ���constituted a complete excuse of ... performance under the policy.���
Court: USDC Western District of Texas , Judge: Pitman, Filed On: October 12, 2023, Case #: 1:19cv629, NOS: Insurance - Contract, Categories: Insurance, Damages, Legal Malpractice
J. Biery partially grants an injunction to indigenous members of the Native American Church who had asked a court to ensure they still had access to ���sacred areas��� in Brackenridge Park during renovation work by the city, including for ceremonies using peyote. While these worshippers will still have limited access to these sacred areas, it is ���impractical��� to allow unrestricted individual access. The parties should evaluate the pros and cons of a request by the worshipers for the city to develop ���alternative plans��� for redevelopment of the park, as it could lead the ���temporary closing��� of some areas to become ���semi-permanent.���
Court: USDC Western District of Texas , Judge: Biery, Filed On: October 11, 2023, Case #: 5:23cv977, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Native Americans