63 results for 'judge:"Silva"'.
J. Silva grants the underwriter's motion for summary judgment. Injury claims were brought against the party rental company after its "trackless train" ride turned over when the driver took it down a steep decline. The company's business license was expired at the time of the accident and the underwriter declined coverage. Nothing in the record disputes the underwriter learned of the company's lack of license after the accident, and that it then stopped collecting premiums. The underwriter did not waive its right to cancel coverage prior to defending the claim.
Court: USDC Nevada, Judge: Silva , Filed On: May 3, 2024, Case #: 2:22cv1884, NOS: Insurance - Contract, Categories: Insurance, Negligence, Contract
J. Silva finds that the lower court properly terminated the parental rights of the mother to her two children. Contrary to the mother's arguments on appeal, the evidence sufficiently supports the statutory grounds for termination and the lower court's best interest finding. There was evidence of drug use by the mother while she was pregnant. There was also evidence that she failed to complete her service plan and testimony that the children's current foster placement is with a "loving home." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: April 25, 2024, Case #: 13-23-00591-CV, Categories: Evidence, Family Law
J. Silva grants the city's motion for summary judgment on a black former police chief's allegations the president of the police union discriminated against her on the basis of race and sex. Though the chief was hired to facilitate departmental change with support from the city, complaints were lodged after she began implementing new procedures, particularly that involving discipline for officer misconduct. The union president says the chief lacked accountability, creating greater division within the department. As the chief's subordinate, the union president is not liable for the chief's termination or any alleged due process violation.
Court: USDC Nevada, Judge: Silva , Filed On: April 5, 2024, Case #: 2:20cv1761, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Employment Discrimination
J. Silva finds that the lower court improperly entered final judgment for the appellee in this lawsuit concerning an alleged business partnership in "construction and real estate matters." The lower court erred in ordering death penalty sanctions, as the evidence did not show that "the failure to produce discovery could be attributed to appellants." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 28, 2024, Case #: 13-23-00127-CV, Categories: Civil Procedure, Sanctions
J. Silva grants the Austrian and Indiana-based irrigation system manufacturer's motion to dismiss this trademark infringement suit. The Nevada-based irrigation systems manufacturer fails to allege it continuously or deliberately exploited the Nevada market by its use of a similar trademarked name at an irrigation association convention in Las Vegas.
Court: USDC Nevada, Judge: Silva , Filed On: March 25, 2024, Case #: 2:22cv232, NOS: Trademark - Property Rights, Categories: Agriculture, Trademark
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J. Silva finds that the lower court properly denied the appellant funeral home's motion to compel arbitration of the family members' negligence claims stemming from the appellant's handling of the decedent's remains. The funeral home contends that the decedent's sister signed a funeral services agreement that contained a valid arbitration clause and also argues that the appellees "were bound by this agreement" under the doctrine of direct-benefits estoppel. However, the court concludes that the claims at issue are "outside the scope of the agreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 21, 2024, Case #: 13-23-00297-CV, Categories: Arbitration, Negligence, Contract
J. Silva grants AutoZone's motion for summary judgment. After the sales associate filed a complaint against a manager for sexual harassment, the ensuing investigation led to the termination of the manager. The sales associate was invited to return to work, but did not, and his employment was then terminated. Though the associate seeks damages against AutoZone, the facts do not support his hostile work environment claim since the manager was fired.
Court: USDC Nevada, Judge: Silva , Filed On: March 19, 2024, Case #: 2:22cv316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Silva grants the developer's motion to dismiss his former partner's contract claim. The developer made significant purchases of shares of cannabidiol companies on his long-term partner's recommendation, a move that also included discussion of a 50/50 partnership. Though certain meetings were held in Nevada, investments were made in companies headquartered in other states, and the developer has not purposefully conducted business in Nevada or purposefully directed his activities toward Nevada. There is no basis for jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: March 14, 2024, Case #: 2:22cv821, NOS: Other Contract - Contract, Categories: Securities, Partnerships, Contract
J. Silva finds that the lower court improperly overruled the doctors' objection to an expert report in this medical malpractice case. The expert report fails to adequately explain how the alleged breach of care caused the appellee's injuries, and it also "fails to address foreseeability." However, the patients will be given a chance to cure the report's deficiencies. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 29, 2024, Case #: 13-23-00234-CV, Categories: Civil Procedure, Experts, Medical Malpractice
J. Silva finds that the lower court properly denied the county's plea to the jurisdiction in this contract case arising from a hurricane's "landfall and resulting destruction along the Coastal Bend." The appellee contends that it is owed for certain remediation work, and it sufficiently "pleaded facts that would support a waiver of immunity." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 29, 2024, Case #: 13-23-00324-CV, Categories: Civil Procedure, Jurisdiction, Contract
J. Silva denies, in part, the school district's motion for summary judgment on a former teacher's claims of race and gender-based discrimination, in which she says she was denied access to various essentials, including training, license renewal, recognition, and inclusion in staff communications. The school concedes the decision to reassign her was a product of her medical leave, which creates a genuine issue of material fact sufficient to survive summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: February 21, 2024, Case #: 2:21cv23, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Silva grants Pennymac's motion to dismiss this suit attempting to prevent foreclosure on the borrower's property loan. The borrower's complaint, alleging debt collection and consumer credit violations, does not enumerate the causes of action. The debt collection claim regarding this non-judicial foreclosure by a loan servicer does not constitute debt collection.
Court: USDC Nevada, Judge: Silva , Filed On: February 1, 2024, Case #: 2:23cv1020, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
[Consolidated.] J. Silva finds that the lower court improperly granted the appellees' pleas to the jurisdiction in these declaratory judgment cases alleging that certain statutes violate the Texas Constitution's Open Beaches Amendment. The court concludes that the appellants had standing to bring suit and "that immunity was waived for each appellee." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 1, 2024, Case #: 13-22-00358-CV, Categories: Civil Procedure, Constitution, Jurisdiction
J. Silva denies the casino's motion for summary judgment on an employment discrimination claim filed by the intellectually disabled job applicant after the casino did not hire her. Though the casino had made a conditional offer pursuant to the applicant's completing job training through her advocacy group, the offer was retracted after the applicant exhibited limited communication skills. Though it is undisputed she had difficulty, because her job coach had previously told the casino the applicant could not perform in a particular position, certain facts remain in dispute.
Court: USDC Nevada, Judge: Silva , Filed On: January 29, 2024, Case #: 2:20cv1516, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Health Care, Jury, Employment Discrimination
J. Silva denies a pro se individual’s petition for writ of mandamus in connection with two of his prior pleadings regarding the trial court judge, court employees, debt collectors, and service of process. The appeal will remain pending, but the individual has not met the burden to obtain this relief.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: January 19, 2024, Case #: 13-23-00598-CV, Categories: Debt Collection, Due Process
J. Silva grants the condominium's motion to dismiss this landlord-tenant action. The tenant, who alleges issues with housing conditions, improperly evokes the Fair Housing Act and fails to demonstrate federal jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: January 5, 2024, Case #: 2:23cv1690, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Landlord Tenant, Jurisdiction
J. Silva finds that the lower court properly granted summary judgment to the staffing agency in this negligence suit brought by a city employee who was allegedly struck by a John Deere tractor being operated by a worker that was hired through the agency. The lower court did not err by entertaining the agency's no-evidence summary judgment motion, and the motion "specifically identifies which elements are being challenged." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: January 4, 2024, Case #: 13-22-00057-CV, Categories: Negligence, Workers' Compensation
J. Silva finds that the lower court improperly denied the city's plea to the jurisdiction in this negligence lawsuit brought by an employee who was allegedly "struck in the back with a John Deere tractor front loader bucket." The court concludes that the Texas Workers' Compensation Act applies to the case, as the employee "received workers' compensation insurance coverage for a work-related injury." Accordingly, the lower court lacked jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: January 4, 2024, Case #: 13-22-00040-CV, Categories: Negligence, Jurisdiction, Workers' Compensation
[Amended.] J. Silva grants the Las Vegas Sands' motion to dismiss this putative securities class action. Though the trust sufficiently alleges the Sands made a material misrepresentation when certifying the company’s financial conditions had been disclosed, the loss causation allegations are deficient. The trust fails to allege the stock drops are plausibly the result of the disclosed fraud.
Court: USDC Nevada, Judge: Silva, Filed On: January 2, 2024, Case #: 2:20cv1958, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Silva grants the receiver's motion for contempt in a case in which the receiver was appointed shortly after the SEC initiated this action involving allegations of securities violations against the law firm. The attorney representing the ex-wife of the law firm's namesake has disputed meeting with the receiver and has avoided contact. It was found that he had initiated the sale of a vehicle in order to cover expenses and failed to disclose this to the SEC and receiver. Furthermore, the attorney has not offered evidence or arguments to support substantial compliance.
Court: USDC Nevada, Judge: Silva , Filed On: December 28, 2023, Case #: 2:22cv612, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Contempt, Property, Securities
J. Silva grants the computer hackers conference host's motion to transfer venue in a computer security company's defamation case. Though potential witnesses reside in Nevada, neither party identifies a necessary witness whose availability could hinge on the choice of venue; therefore, convenience favors transfer.
Court: USDC Nevada, Judge: Silva , Filed On: December 12, 2023, Case #: 2:23cv1345, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Venue, Technology
J. Silva finds that the lower court improperly denied the city's plea to the jurisdiction in this suit brought under the Texas Whistleblower Act by two former employees. The employees contend that their personal deer feeders were removed from city property and that they were fired after reporting the removal of the feeders to police. However, the employees fail to show that their belief that a supervisor "had committed a violation of law" was reasonable. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: November 16, 2023, Case #: 13-22-00144-CV, Categories: Conversion, Jurisdiction, Whistleblowers
J. Silva grants the city’s motion to amend the pretrial order in this employment discrimination suit to identify witnesses presented as those most knowledgeable. The employee has been on notice that a “person most knowledgeable” would be called by the city, and the proposed testimony will not be unexpected. The employee has also named one of the witnesses on the city’s witness list, which further demonstrates a lack of prejudice. There is no evidence that the city seeks to amend in bad faith.
Court: USDC Nevada, Judge: Silva, Filed On: November 3, 2023, Case #: 2:21cv198, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Discovery, Employment Discrimination
J. Silva finds that the lower court improperly denied the county appellants' plea to the jurisdiction seeking dismissal of this inverse condemnation lawsuit. The suit concerns the county's erosion response plan, which the property owner contends "would cause flooding on his lots." However, his argument is not based on "an affirmative intentional action," but rather a failure to use another plan that would more effectively protect his investment. Accordingly, he fails to establish an inverse condemnation claim, so as to waive immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 26, 2023, Case #: 13-22-00568-CV, Categories: Real Estate, Immunity, Jurisdiction
J. Silva grants the Nevada secretary of state’s motion to dismiss this suit alleging that Nevada’s Election Worker’s Protection Act violates the U.S. and Nevada Constitutions. Certain poll workers say that the Act may subject workers to criminal liability for making legitimate challenges. The workers fail to articulate an objective, concrete threat of future harm in their possible discouragement from poll work. There are no allegations that the workers filing suit will not participate in future elections.
Court: USDC Nevada, Judge: Silva, Filed On: October 20, 2023, Case #: 2:23cv1009, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Elections, Tort
J. Silva finds that the lower court properly denied the corporate appellant's petition seeking a refund for "overpayment of state franchise taxes." There is no error in the finding that the oil and gas company's settlement payment, which was made to BP in connection with the 2010 oil spill, was not deductible, since "it was a payment for tort damages." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 19, 2023, Case #: 13-21-00335-CV, Categories: Energy, Settlements, Tax
J. Silva finds that the lower court improperly denied the appellant funeral home's motion to compel arbitration in this dispute concerning embalmment and visitation services provided under a contract. The appellee, who is the daughter of the decedent, was bound by the arbitration agreement, since she "received a benefit of the contracted service." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 19, 2023, Case #: 13-23-00042-CV, Categories: Arbitration, Contract