26 results for 'judge:"Lake"'.
J. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Arbitration, Communications, Consumer Law
J. Lake rules that a case involving an employee who brought sex discrimination claims against a manager and a human resources director, for their roles in retaliating against her for complaining of sexual harassment, shall be remanded to the state court. The employee can bring charges generally reserved for employers against the manager and the human resources director because they are agents of the employer. However, since the court knows of no state rulings on this issue, it approves of the removal of the case to federal court and declines to grant the employee attorney fees for the federal proceeding.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 12, 2024, Case #: 4:24cv411, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Lake finds that an auto loan servicer was negligent in reporting the towing of a motorist’s vehicle after an accident as a repossession to credit reporting agencies despite multiple disputes from the motorist whose loan payments were current. The loan servicer failed to properly investigate their own documentation showing that the motorist’s payments were up to date but the evidence does not show willfulness. The loan servicers request for summary judgment is denied on all claims except for the willfulness claim.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 9, 2024, Case #: 4:23cv1272, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Vehicle, Banking / Lending
J. Lake finds the use of the name of a defunct musical group by two former members of the group in a new iteration of the band, featuring a new third member, was not an unauthorized use. However, their request for attorney fees is denied because the plaintiff, the band’s former third member, did not conduct their infringement case against the new group in an unreasonable manner.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 4, 2024, Case #: 4:21cv3942, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
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J. Lake grants, in part, a distribution company's motion for summary judgment in a contract action. It shows it had a valid credit agreement with the parties and provided $252,000 in goods, but did not receive payment.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: February 9, 2024, Case #: 4:22cv4522, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Lake transfers a company's copyright and trademark action against an institute in connection with works and a mark associated with a Buddhist monk to the Central District of California, Western Division. The institute is based in California, and the company fails to show it has the minimum contacts with Texas to establish jurisdiction.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: January 31, 2024, Case #: 4:23cv2812, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Jurisdiction
J. Lake dismisses a putative class action against a nonprofit healthcare organization on claims arising from a data breach, during which 83,000 of its patients' personal and medical information was accessed. The nonprofit did not waive its governmental immunity under Texas law.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: December 13, 2023, Case #: 4:23cv3448, NOS: Other Contract - Contract, Categories: Health Care, Immunity, Privacy
J. Lake denies a company's motion for a new trial following a jury's decision that Phillips 66 did not infringe on two of its patents related to refining marine fuel oil. There is no evidence of manifest injustice, and, based on the conflicting proof presented, the jury could have reasonably decided the company failed to prove infringement.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: November 30, 2023, Case #: 4:20cv2444, NOS: Patent - Property Rights, Categories: Energy, Patent
J. Lake finds for members of a 90's R&B group on a co-member's trademark infringement and other claims related to their performances under the name, Jade, without the co-member's participation or sharing in the profits. Performances by the members, who are also co-owners of the mark, was not an unauthorized use of the mark, as they have equal rights to the name.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: October 20, 2023, Case #: 4:21cv3942 , NOS: Trademark - Property Rights, Categories: Trademark
J. Lake denies, in part, a pizza restaurant's motion to compel arbitration on three delivery driver's wage claims. Although two drivers signed binding agreements with the employer, one driver's agreement with the previous company does not extend to her employment with the current company.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: October 5, 2023, Case #: 4:23cv1379, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Transportation, Labor