34 results for 'judge:"Yarbrough"'.
J. Yarbrough grants, in part, the fired employee's motion to compel discovery, ruling the employer must produce documents related to disciplinary investigations of other employees during the same time frame to allow the fired employee to collect comparator data.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: April 30, 2024, Case #: 1:23cv113, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Negligence, Discovery
J. Yarbrough finds that the lower court properly dismissed this negligence lawsuit brought by an individual who is committed in the Texas Civil Commitment Center based on a lack of jurisdiction. Though a plaintiff generally has a right to amend in order to "cure a jurisdictional defect," in this case amending the pleadings would not cure the defect. The court finds that he did not file suit in the committing court. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: April 4, 2024, Case #: 07-23-00263-CV, Categories: Civil Procedure, Commitment, Jurisdiction
J. Yarbrough finds that the lower court properly terminated the father's parental rights to his son. Contrary to the father's argument on appeal, the evidence sufficiently supports the finding that he "constructively abandoned" the child. The evidence specifically shows that he "failed to maintain any contact" with the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: March 19, 2024, Case #: 07-23-00452-CV, Categories: Civil Procedure, Family Law
J. Yarbrough finds that the lower court properly entered a take-nothing judgment against the appellant in this lawsuit alleging that an insurance company wrongfully drafted his bank account following the expiration of a hospital policy. The appellant sought a refund of the insurance premiums, and he testified that the policy was meant to be for two years only. However, he failed to revoke the authorization for the withdrawals in writing, and he "incorrectly interpreted the two-year termination provision which applied only to authorization for release of medical records." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: March 13, 2024, Case #: 07-23-00248-CV, Categories: Civil Procedure, Health Care, Insurance
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[Consolidated.] J. Yarbrough finds that the lower court properly granted summary judgment to the claimants in these civil forfeiture cases. Contrary to the state's argument, the claimants' motion was not conclusory, as it specifically argued that the state lacked evidence to prove that the seized money was contraband. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: January 30, 2024, Case #: 07-23-00297-CV, Categories: Civil Procedure, Forfeiture
J. Yarbrough finds that the lower court properly entered a judgment of eviction in favor of the home buyer following a foreclosure sale. The buyer had standing to bring the suit "under its foreclosure deed," and there was no prejudice to the appellants by the court allowing the buyer to amend its pleadings. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: January 30, 2024, Case #: 07-23-00231-CV, Categories: Landlord Tenant, Real Estate
J. Yarbrough finds that the lower court properly ruled in favor of the motorcycle rider in this premises liability action involving a separation in the road when ruling that the separation was a special defect. Contrary to the Texas Department of Transportation's argument, there was no way for the rider to avoid the separation if he wanted to make a lane change at that particular site. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: December 21, 2023, Case #: 07-22-00307-CV, Categories: Vehicle, Premises Liability
J. Yarbrough finds that the lower court properly entered a judgment of eviction in favor of the appellee apartments. Contrary to the tenant's argument on appeal, the evidence sufficiently supports the judgment awarding possession to the landlord. Specifically, the landlord's notice to vacate was effective. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: December 8, 2023, Case #: 07-23-00159-CV, Categories: Landlord Tenant, Real Estate
J. Yarbrough grants, in part, the baler manufacturing company's motion to compel discovery, ruling the former employee must provide more detailed responses to several interrogatories, including his involvement with the development and production of a baler over which he attempted to assert ownership. However, because the employee and other defendants were granted an extension after initially failing to respond to the first set of discovery requests, the manufacturing company is not entitled to attorney fees related to this motion.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: November 8, 2023, Case #: 1:23cv99, NOS: Copyrights - Property Rights, Categories: Discovery, Attorney Fees, Contract
J. Yarbrough finds that the lower court properly granted summary judgment to the psychologist in this libel lawsuit brought by an individual who is "civilly committed pursuant to the Sexually Violent Predators Act" and contends that a written report about him contained inaccurate information. The psychologist's report was subject to the judicial proceedings privilege. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: November 1, 2023, Case #: 07-23-00072-CV, Categories: Civil Procedure, Defamation, Privilege
J. Yarbrough denies the delivery drivers' motion for class certification, ruling their failure to put forth evidence a single representative can establish drivers worked more than 40 hours per week without overtime compensation prevents them from satisfying predominance requirements and, as a result, the case would require individualized inquiries not feasible in a class action litigation.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: October 27, 2023, Case #: 1:20cv1052, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Yarbrough finds that the lower court improperly rendered summary judgment against the appellants as to their declaratory judgment request regarding certain claimed easements and the appellees' right to erect fences or other obstructions over the easements. There are fact issues precluding summary judgment, so the cause should be remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 22, 2023, Case #: 07-22-00351-CV, Categories: Civil Procedure, Real Estate
J. Yarbrough denies FedEx's motion to dismiss a minimum wage case, ruling the flat rate exception to the Fair Labor Standards Act does not apply to the company's policy of paying certain package delivery employees a steady, daily wage regardless of the number of hours they work or packages they deliver. Although the package deliverers are rewarded for efficiency in the same way as flat rate employees, there is a critical distinction in that flat rate employees are paid for one task calculated to take a certain number of hours, while the number of packages delivered by the FedEx employees varies greatly from day to day.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: August 22, 2023, Case #: 1:20cv1052, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Yarbrough finds that the lower court properly entered a corrected final protective order that granted relief to the wife and also included the child as a protected person. The husband challenges the sufficiency of the evidence supporting the child's inclusion in the order, since there is "no evidence of family violence" against the child. However, the wife testified that the child was witness to the alleged violence and also indicated that the violence was getting "progressively worse." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 10, 2023, Case #: 07-23-00028-CV, Categories: Family Law, Restraining Order
[Consolidated.] J. Yarbrough finds that the lower court improperly denied the appellant company's motion to compel arbitration in this "governance dispute concerning a limited liability company." The parties do not contest the validity of the arbitration clause, and the appellee's claims for injunctive relief "do not escape the presumption in favor of arbitration." Also, the temporary injunction must be vacated, as the claims are subject to arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 9, 2023, Case #: 07-23-00126-CV, Categories: Arbitration, Civil Procedure, Business Practices
J. Yarbrough finds that the lower court properly granted a temporary injunction in favor of the appellees in this business dispute concerning the operation of a grow yard, which involves the "feeding and stabling of cattle." The injunction at issue enjoined the appellants from foreclosing on a deed of trust, pending the outcome of an arbitration proceeding. The appellees had standing to request the injunction, as the application was filed on behalf of the cattle company. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 8, 2023, Case #: 07-23-00047-CV, Categories: Civil Procedure, Real Estate, Business Practices
J. Yarbrough grants an anonymous student’s motion to file a second amended complaint after she alleged that she was raped by a senior while she was a freshman and that school officials allegedly “protected him from being held accountable.” A second amended complaint would not unfairly prejudice these officials, and important new facts have come to light, including the existence of a second accuser.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: August 7, 2023, Case #: 1:20cv1041, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Assault
J. Yarbrough finds that the lower court properly denied the appellants' request for attorney fees and sanctions in this case brought by the Department of Family and Protective Services. The department's petition was dismissed, but the appellants fail to "overcome the presumption that the petition was filed in good faith." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 1, 2023, Case #: 07-22-00051-CV, Categories: Family Law, Sanctions, Attorney Fees
J. Yarbrough finds that the lower court improperly dismissed this libel and defamation lawsuit under the Texas Citizens Participation Act. The dismissal motion was untimely filed, meaning the appellee forfeited "the statute's protections." Also, even if the filing had been timely, the hearing date was outside the statutory deadline. Reversed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: July 27, 2023, Case #: 07-23-00022-CV, Categories: Anti-slapp, Civil Procedure, Defamation
J. Yarbrough partially approves attorney fees following a class action settlement between consumers and a health care company over a data breach, determining that around $99,000 is a reasonable amount for attorney fees given the “novelty” of this case and other factors, including a comparison with similar cases.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: July 18, 2023, Case #: 1:21cv652, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Health Care, Attorney Fees
J. Yarbrough partially grants a motion to compel in a lawsuit brought by an employee alleging that his employer underpaid for overtime. While the company must provide further documents that do conform with the employee’s “discovery class definition,” some other discovery requests seem to stem from the employee’s “frustration that only a small amount of documents exist” concerning his claims, but that is not enough reason for this court to further compel when the company has already “repeatedly confirmed that it has not withheld any responsive documents.”
Court: USDC New Mexico, Judge: Yarbrough, Filed On: June 16, 2023, Case #: 1:22cv777, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Labor