17 results for 'judge:"Hightower"'.
J. Hightower finds that the lower court properly convicted defendant of aggravated sexual assault. The court properly denied defendant's motion for a mistrial following a witness’ testimony alluding to another offense because the challenged testimony was “brief and nonspecific.” Affirmed.
Court: Texas Courts of Appeals, Judge: Hightower , Filed On: May 10, 2024, Case #: 01-22-00454-CR, Categories: Sex Offender
J. Hightower denies an insurance company’s motion for a protective order and an alternative motion to quash subpoenas in a discovery dispute with a home building company over alleged construction defects at hundreds of properties, which the building company argues should be covered by its insurance. The insurance company argues the court has not yet ruled on whether the policy was ambiguous and therefore that “underwriting materials and extrinsic evidence” about the policies are not “relevant or discoverable,” but the court is not ruling on whether these materials “should be admitted into evidence,” and the insurance company has not met its burden to disregard discovery requests.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 18, 2024, Case #: 1:22cv1375, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
J. Hightower grants and denies several discovery motions in a negligence suit brought by a citizen who says he was rear-ended by a U.S. Fish & Wildlife Service official. The United States’ motion to exclude some testimony offered by the citizen, including a crash expert who offered legal conclusions, should be partially granted, but the government’s opposed motion to extend discovery deadlines should be denied because lawyers for the U.S. “did not sufficiently confer” with the civilian’s counsel.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 5, 2024, Case #: 1:22cv787, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Vehicle, Discovery
J. Hightower partially grants a company’s motion to strike a competitor’s reply brief after it sued that competitor for alleged misappropriation of trade secrets and other claims because the first company argues that the reply, which includes more than 230 pages of exhibits, “includes reams of new evidence improperly introduced for the first time on reply.”
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 4, 2024, Case #: 1:22cv1327, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Fraud, Trade Secrets, Jurisdiction
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J. Hightower denies a self-described crypto influencer’s motion to exclude expert testimony in a lawsuit brought by the SEC seeking to penalize the influencer for selling securities without a registration statement. The influencer has not shown that the expert, a professor who specializes in crypto markets and blockchain technology, plans to offer testimony that is overly opinionated or outside his area of expertise.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: November 20, 2023, Case #: 1:22cv950, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Government, Securities, Experts
J. Hightower finds the lower court properly denied a property owner’s motion to dismiss. The property owner argues he was named a third party in a lawsuit because he filed a warranty deed for the property, but the party bringing the suit argues he was named because of his interest in the property, not because of the filing of the warranty deed; the instant court agrees. The property owner’s argument that the claims against him are a violation of his rights under the Texas Citizens Participation Act (TCPA) are without merit as the TCPA does not apply in this circumstance. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Hightower, Filed On: October 31, 2023, Case #: 01-21-00539-CV, Categories: Real Estate, Foreclosure, Contract
J. Hightower issues a discovery order in a civil rights lawsuit brought by a former volunteer chaplain at the Austin Fire Department who alleged his civil rights were violated when he was dismissed over his complaints about what he describes as "men competing against women in sports." Some of the former chaplain's requests are overly broad and should be denied, but he may depose the fire chief again. While the city complains that the chief has already given "extensive" testimony, "a second deposition is not improper when a witness is deposed first in an individual capacity and then in a representative capacity."
Court: USDC Western District of Texas , Judge: Hightower, Filed On: September 18, 2023, Case #: 1:22cv835, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, First Amendment
J. Hightower grants the employee's partial motion for summary judgment in a negligence action brought by the driver arising from a car collision. The driver's gross negligence and negligent hiring claims are dismissed. The driver failed to show that the employee's acts or omissions involved an extreme degree of risk or that he knew risk was involved but proceeded anyway with conscious indifference to the welfare of others. The driver also failed to present evidence showing that the employer breached its duty to properly hire, train or supervise the employee or that the employee was an incompetent driver.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 28, 2023, Case #: 1:21cv1063, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Hightower grants the companies' and individuals' motion to stay proceedings in a fraud, breach of fiduciary duty and conspiracy class action brought by investors pending resolution of a related criminal case. The investors allege they are victims of a $1.8 billion Ponzi scheme. The indictment against two individuals overlaps significantly with the conduct alleged by the investors. The investors' interest in a speedy resolution to the case is outweighed by the individuals' constitutional interests. The individuals are unlikely to be able to effectively defend the instant civil case without being pressured into waiving their Fifth Amendment rights.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 21, 2023, Case #: 1:19cv1050, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Fraud, Class Action
J. Hightower recommends that the district court rule in favor of the county and corrections officer in a civil rights, disability discrimination, negligence and battery action brought by the individual alleging that he was denied PTSD medication and his CPAP machine while in jail. The individual also claimed the officer slammed his hand in a holding cell door. The officer did not use excessive force and she is entitled to immunity because the individual's assault claim against her is based on conduct that allegedly occurred in the scope of her employment and could have been brought against the county. The evidence supports the officer's claim that she accidentally closed the door on the individual's finger. The individual also failed to show that county employees did not provide him with his medication or CPAP machine by reason of his disability.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 21, 2023, Case #: 1:21cv615, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Prisoners' Rights
J. Hightower recommends that the district court dismiss a civil rights, RICO, fraud and breach of contract action brought by an individual against the insurer, attorneys representing the insurer, and state government and court employees. The court employees are entitled to qualified immunity from the individual's claims arising from their alleged failure to schedule hearings or respond to transcript requests in an underlying action. The individual's claim against the insurer under the Fourteenth Amendment should also be dismissed for failure to allege facts supporting a conspiracy between the insurer and state actors. The individual's RICO claim should be dismissed for failure to plausibly allege the existence of a racketeering enterprise.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 17, 2023, Case #: 1:23cv337, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, Racketeering
J. Hightower partially grants the manufacturer's motion to compel production of documents in a trademark infringement, unfair competition, false advertising and conversion action against the company. The manufacturer alleged that the company sold stolen goods. The company is ordered to produce bank records, financial statements and underlying documents used to prepare a profit spreadsheet. The company is also ordered to produce documents related to customer information. The company is not ordered to reproduce emails in their native format which have already been produced in a PDF file.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 17, 2023, Case #: 1:22cv1337, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, False Advertising
J. Hightower finds that a commercial steel business does owe a former employee unpaid overtime hours following a legal dispute over this question. The employee has provided “not an unsubstantiated assertion but uncontroverted testimony” showing his work schedule, and the lack of payment by the company was “willful.” According to precedent, to prevail on his claims, the employee “need only show by just and reasonable inference that she was an employee, worked the hours, and wasn’t paid,” which he has done.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: June 20, 2023, Case #: 1:20cv884, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor