19 results for 'judge:"Hanks"'.
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
J. Hanks finds that an electric golf cart company using the name Trojan, which is registered trademark of a battery company, has infringed on the battery company’s trademark, so the court awards it over $9 million in infringer profits. The battery company has shown evidence that customers do confuse the two separate products.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv3075, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark, Damages
J. Hanks denies an appeal of a bankruptcy court order that denied, a property owner reconsideration in reopening a bankruptcy case related to the foreclosure of a home. The bankruptcy court dismissed the case because council for the property owner failed to appear at a hearing. The failure to appear, as well as abusive communication and a pattern of ignoring the court’s valid rejections, suggests an intentional delay that warrants dismissal with prejudice.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:23cv2674, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure
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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