20 results for 'judge:"Ellison"'.
J. Ellison finds that a homeowner whose house was damaged in a flood and now disputes the cost of the damages with his insurance company has not provided sufficient evidence on several of his claims. Many of the claims are based on the estimates of an insurance adjuster that the homeowner hired however the court grants the insurance company’s motion to strike the homeowner’s expert because the expert refuses to provide his resume or other qualifications. The insurance company’s own expert indicated that the damage compensation provided by the insurance company is inadequate to so a dispute of fact as to the cost of the damages exists. The homeowner’s claims based on his own repairs and the dispute of fact can proceed but the insurance company is granted summary judgment on all other claims.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 7, 2024, Case #: 4:23cv34, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Experts
J. Ellison finds that an employee and stockholder who seeks recission of an inapplicable joinder agreement he mistakenly signed as part of a packet of documents for a required sale of his stock due to a merger shall honor portions of the merger agreement calling for disputes to be governed by the Delaware Court of Chancery or the United States District Court of Delaware. The employer’s motion to dismiss is granted.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 3, 2024, Case #: 4:23cv4290, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
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
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J. Ellison finds that a case brought by a distributor of telecommunications products in which a manufacturer terminated an exclusive contract and directed the distributor’s customers to buy directly from the manufacturer can proceed to review an amended complaint from the distributor. The court awaits relevant information to be presented in the amended complaint that will determine if the distributor’s client list constitutes trade secrets.
Court: USDC Northern District of Texas , Judge: Ellison, Filed On: April 8, 2024, Case #: 4:22cv48, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Ellison finds for a school district on a former teacher's employment discrimination action. She fails to make out a prima facie case of discrimination, nor has she shown the district's legitimate, non-discriminatory reason for non-renewal was pretextual.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: March 22, 2024, Case #: 4:23cv145, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Ellison denies, in part, a bank's motion to dismiss a borrower's foreclosure-related action. He sufficiently alleges his claims for breach of post-foreclosure contract, fraud by nondisclosure and promissory estoppel.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: February 5, 2024, Case #: 4:23cv1092, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Contract
J. Ellison grants, in part, a company's motion to dismiss a business owner's trade secrets claims related to novel hydrogen liquefaction technology. The business owner's tortious interference, unfair competition, breach of fiduciary duty and conspiracy claims are preempted by the Texas Uniform
Trade Secrets Act.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: December 5, 2023, Case #: 4:23cv1615 , NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Unfair Competition, Technology
J. Ellison construes disputed terms in a patent suit filed by the creators of smart home technology. The creators' construction for almost all disputed terms, including "access browser," "control terminal," "input of Uniform Resource Locators" and others, is accepted and, therefore, the terms will be given their plain and ordinary meaning.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: November 20, 2023, Case #: 4:22cv1973, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Ellison grants, in part, a union's motion for summary judgment in its action to compel a security company to arbitrate a court security officer's grievance. The dispute at issue is arbitrable under the parties' collective bargaining agreement.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: November 3, 2023, Case #: 4:23cv1813, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Contract, Labor / Unions
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