248 results for 'court:"USDC Southern District of Texas"'.
J. Ellison finds that FBI employees who were required to take regular Covid-19 tests, as part of an accommodation policy for those that requested a religious exemption to vaccine mandates, cannot sue Attorney General Merrick Garland and FBI Director Christopher Wray in their individual and official capacities for violations of the Religious Freedom Restoration Act. The court lacks subject matter jurisdiction because sovereign immunity prevents the plaintiffs’ claim under the Act, and the defendants’ location in Washington D.C. and their roles enforcing U.S. policy prevent the court from having personal jurisdiction. The suit is dismissed.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: April 29, 2024, Case #: 4:23cv1817, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, Jurisdiction, Employment Discrimination
J. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Arbitration, Communications, Consumer Law
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J. Hanen finds that evidence does not support an employee’s claims that his prior employer retaliated against him by investigating his conduct after he made complaints about discrimination. There is evidence that the employer initiated the investigation into personal expenditures charged by the employee to the company credit card before the employee made complaints of discrimination so the investigation could not have arisen as a retaliatory action. The employer’s request for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 25, 2024, Case #: 4:22cv3454, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination
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. Anderson grants, in part, attorney fees, interest and conditional appeals fees to a company that filed a breach of contract claim in state court but then filed a motion to dismiss to file a new claim in federal court in which the company prevailed. The attorney fees and interest are not recoverable for the case in the state court because of the defendant’s LLC status, but the fees are recoverable in federal court. The requests for fees pertaining to the federal case are granted in full.
Court: USDC Southern District of Texas, Judge: Anderson, Filed On: April 23, 2024, Case #: 3:21cv298, NOS: Other Contract - Contract, Categories: Civil Procedure, Venue, Attorney Fees
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
J. Hansen finds that partners in a business that broke up during a mortgage default are still liable for the remaining debt after foreclosure per the clear, enforceable language of the mortgage agreement. One of the partners in the business break-up, who controlled the mortgage, is liable for indemnification of the other partners under the applicable laws. An issue of fact as to which partner signed the mortgage shall be resolved at trial.
Court: USDC Southern District of Texas, Judge: Hansen, Filed On: April 16, 2024, Case #: 4:22cv3901, NOS: Other Contract - Contract, Categories: Bankruptcy, Corporations, Debt Collection
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. Lake rules that a case involving an employee who brought sex discrimination claims against a manager and a human resources director, for their roles in retaliating against her for complaining of sexual harassment, shall be remanded to the state court. The employee can bring charges generally reserved for employers against the manager and the human resources director because they are agents of the employer. However, since the court knows of no state rulings on this issue, it approves of the removal of the case to federal court and declines to grant the employee attorney fees for the federal proceeding.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 12, 2024, Case #: 4:24cv411, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hanen finds that the claims of professor who was denied a promotion after speaking out against discriminatory behavior toward women university employees can proceed to a jury trial based only on professor’s retaliation and discrimination claims. The professor cited emails in which she repeatedly pointed out gender-based discrimination to her supervisors, along with formal complaints she submitted to the university, which provide sufficient context for retaliation.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 11, 2024, Case #: 4:15cv2824, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Lake finds that an auto loan servicer was negligent in reporting the towing of a motorist’s vehicle after an accident as a repossession to credit reporting agencies despite multiple disputes from the motorist whose loan payments were current. The loan servicer failed to properly investigate their own documentation showing that the motorist’s payments were up to date but the evidence does not show willfulness. The loan servicers request for summary judgment is denied on all claims except for the willfulness claim.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 9, 2024, Case #: 4:23cv1272, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Vehicle, Banking / Lending
J. Lake finds the use of the name of a defunct musical group by two former members of the group in a new iteration of the band, featuring a new third member, was not an unauthorized use. However, their request for attorney fees is denied because the plaintiff, the band’s former third member, did not conduct their infringement case against the new group in an unreasonable manner.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 4, 2024, Case #: 4:21cv3942, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Morales finds that a company involved in a transportation contract, who did not employ the driver or own the truck involved in a fatal collision, is liable as a “statutory employer” for damages resulting from the collision. The fact that there are other liable employers involved in the contract does not insulate the company from liability. The court grants the suing party, family of the deceased motorist, summary judgment the regarding statutory liability claim.
Court: USDC Southern District of Texas, Judge: Morales, Filed On: March 29, 2024, Case #: 2:19cv94, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Transportation, Vehicle, Wrongful Death
J. Hanen grants summary judgment to the securities and exchange commission finding the bitcoin mining investments, offered by a company whose owners comingled funds, qualified as securities. Although the investments were bogus the scheme still falls under the jurisdiction of the securities and exchange commission and the company and its owners are subject to the agency’s claims against them.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:20cv1187, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Conversion
J. Hanen denies summary judgment in a case involving trademark claims between two packaged food companies, where the suing company uses the label name “Daily Delight” and other “delight” phrases, and the sued firm uses the label name “Instant Delight,” which is not one of the suing company’s trademarked phrases. The sued firm says that, because “Instant Delight” is not one of plaintiff’s protected marks, they are entitled to summary judgment, but the suing competitor has presented evidence indicating that customers and vendors confuse the products, so the case can move on for determination at trial.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:21cv2012, NOS: Trademark - Property Rights, Categories: Civil Procedure, Evidence, Trademark
J. Hanen finds that a homeowner whose home was damaged is not entitled to additional claims of breach of contract after accepting payment on her insurance claim. The homeowner claims that they are entitled to the full replacement costs without deduction of depreciation. The insurance company provided an avenue for full replacement costs with the submission of replacement receipts, but the homeowner has not submitted those receipts to claim full replacement.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:23cv641, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Hanen allows a driver, injured in an accident and alleging that an underinsured motorist is at fault, to nonsuit claims for past and future medical expenses and grants him leave to file a third amended complaint. However, the insurance company, defendant, has used expert analysis of the injured driver’s past and future medical cost claims in their defense and the court will allow that evidence heard because it relates to the contested points of the case.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:21cv1946, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Hanks finds that neither claimant in a transportation dispute involving produce loads delivered crushed or at the incorrect temperature has met requirements to recover damages. The transporter of the produce claimed that defendant had discriminated against him based on his race and interfered with another contract after the damaged produce incident, but the discrimination claims are insufficient, and the transporter has not provided verification of the contract. The supplier claims damages from lost produce loads but fails to prove that the damaged produce was the result of the transporter’s negligence.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:20cv4236, NOS: Employment - Civil Rights, Categories: Employment, Interference With Contract, Employment Discrimination
J. Hanks finds that an insurance company was not required to defend a student in a case involving the student and his friend taking LSD, after which the friend suffered a paralyzing injury. The injury occurred in the student’s parents’ home, and their homeowners’ insurance policy included an exclusion for claims arising out of the use of a controlled substance. The student did not immediately seek medical attention and moved his injured friend without neck support, possibly exacerbating the injury. The student’s failure to seek immediate medical assistance is conceivably related to his own ingestion of LSD, so the exclusion is relevant.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv2744, NOS: Insurance - Contract, Categories: Insurance, Indemnification