31 results for 'judge:"Hanen"'.
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. 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. 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
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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. Hanen grants an injunction to a nonprofit that challenges on constitutional grounds two of Houston ordinances that outlaw the feeding of the homeless on all property, including public property, without the property owner’s permission. The nonprofit, which claims it feeds the homeless in protest to encourage the government to spend funds on homelessness and poverty rather than war, has shown it will suffer irreparable harm without an injunction.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: February 14, 2024, Case #: 4:24cv338, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Injunction
J. Hanen finds, in part, for a preacher who now seeks to pass out pamphlets and display signs on a busy street corner, after losing his legal battle to preach at the busy intersection. The preacher is entitled to an injunction preventing the enforcement of the county's restrictive policy, as he has shown an irreparable injury and the balance of hardships tips in his favor.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: September 12, 2023, Case #: 4:19cv4259, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Injunction
J. Hanen finds four individuals are not entitled to relief and take nothing from two former officials with an organization that promotes Nigerian culture in a dispute over the organization's leadership. The individuals fail to support their claims for breach of fiduciary duties, breach of contract, and gross mismanagement, among others.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: June 1, 2023, Case #: 4:21cv4175, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Contract