19 results for 'judge:"Godbey"'.
J. Godbey finds that a case, brought by the caretaker of an intellectually disabled man who was jailed because of a behavioral episode, can survive motions to dismiss for improper venue and failure to state a claim, as argued by the sued county, health care organization and physician. The venue is sufficiently convenient for all parties and the caretaker presented evidence that defendants provided insufficient mental health care, which caused harm, and that organizations and individuals responsible for mental health care at the jail were aware that all prisoners at the facility lacked proper access to mental health care.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 23, 2024, Case #: 3:23cv1723, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Jurisdiction
J. Godbey finds that a property owner that submitted an insurance claim for damages after discovering that an easement for a gas line on a recently purchased property may continue litigation on the claim that the insurance company breached a contract by not fully compensating plaintiff for damages related to the adverse interest in the property. The insurance company failed to adequately show that it met all contract obligations to the property owner. Summary judgment is granted to the insurance company on three other claims by the property owner, but breach of contract survives.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 11, 2024, Case #: 3:21cv2837, NOS: Insurance - Contract, Categories: Insurance, Real Estate, Contract
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J. Godbey grants, in part, an insurer's motion for a protective order against discovery requests in an employee's action seeking coverage of a judgment he won against his former employer under the employer's insurance policy. Only two production requests are entitled to protection, as they seek information pertaining to coverage of unrelated third parties.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: March 4, 2024, Case #: 3:23cv769, NOS: Insurance - Contract, Categories: Employment, Insurance, Discovery
J. Godbey grants, in part, a university's motion to strike expert testimony in a sex discrimination case filed by female former student athletes. A doctor's retained by the students will not be allowed to testify on their specific injury or standard of care for athletic trainers, as he is not qualified to testify on those subjects.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: March 4, 2024, Case #: 3:18cv141, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Experts
J. Godbey denies, in part, a university's motion for summary judgment on a group of former student athletes' claims arising from hip injuries they allegedly suffered while members of the rowing team. There are questions of fact regarding one student's Title IX claim for medical expense-related compensatory damages and loss of educational benefits.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: February 5, 2024, Case #: 3:18cv141, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Damages
J. Godbey finds for an insurer on a couple's coverage dispute arising from storm damage to their home. They provided no experts to attest to the estimated value of repairs to support their contract claim, nor can they show bad faith, as they fail to show the insurer's estimates were unreasonable.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: January 25, 2024, Case #: 3:22cv1367, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Godbey dismisses an action filed by company involved in the credit card industry against an independent sales organization pertaining to loans it claims it was forced to borrow from the organization to remain solvent. The company fails to show it has a supported usury claim under state law, or that the agreements at issue were used to conceal usury.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: July 5, 2023, Case #: 3:22cv693, NOS: Other Contract - Contract, Categories: Banking / Lending
J. Godbey denies both sides' motions for summary judgment on two exotic dancers' labor claims related to their employee status. There is a dispute of fact regarding whether the dancers were considered employees or independent contractors, as they were required to work a minimum number of shifts each week and participate in stage rotation, but they also set their own schedules and worked for other clubs.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: June 28, 2023, Case #: 3:21cv1636, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor