262 results for 'court:"USDC Southern District of Texas"'.
J. Lake finds for members of a 90's R&B group on a co-member's trademark infringement and other claims related to their performances under the name, Jade, without the co-member's participation or sharing in the profits. Performances by the members, who are also co-owners of the mark, was not an unauthorized use of the mark, as they have equal rights to the name.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: October 20, 2023, Case #: 4:21cv3942 , 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
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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. Lake denies, in part, a pizza restaurant's motion to compel arbitration on three delivery driver's wage claims. Although two drivers signed binding agreements with the employer, one driver's agreement with the previous company does not extend to her employment with the current company.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: October 5, 2023, Case #: 4:23cv1379, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Transportation, Labor
J. Tipton denies, in part, two police officers' motion to dismiss an individual's claims related to an officer tasering him, which triggered a heart attack, and his subsequent arrest. The individual has plausibly pleaded his excessive force claim under the Fourth Amendment.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: September 30, 2023, Case #: 4:22cv3103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Tipton grants a school district's motion to dismiss a former high school student's case, in which he alleges a teacher sexually assaulted him. He fails to show the district had actual notice of the abuse, and the district is immune from his negligence claim.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: September 29, 2023, Case #: 2:21cv225, NOS: Education - Civil Rights, Categories: Education, Immunity, Negligence
J. Ellison denies, in part, a city and police officer's motions to dismiss two individuals' claims related to the police shooting death of the decedent. They have sufficiently alleged their excessive force and Fourth Amendment claims against the officer, and their use of force and failure to train claims against the city.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: September 29, 2023, Case #: 4:22cv2900, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Hanks finds that the owner of a crude oil tanker cannot seek recovery for an explosive allision near Houston. Evidence indicates the tanker is 100 percent responsible for the collision and, therefore, the tanker owner is not entitled to recovery from either of the two tugboats involved in the accident.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: September 29, 2023, Case #: 4:18cv3113, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Admiralty, Maritime, Tort
J. Hittner enjoins state officials from enforcing a law touted as the "Drag Ban," which bans sexually oriented performances, carries civil and criminal penalties, and grants counties and cities the ability to regulate the performances. The law is unconstitutional.
Court: USDC Southern District of Texas, Judge: Hittner, Filed On: September 26, 2023, Case #: 4:23cv2847, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution
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
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