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SOUTHEAST TEXAS RECORD

Thursday, October 3, 2024

Federal Court

Judge: Defendant’s delayed response to excessive force case, prejudiced the plaintiff

By Nicholas Malfitano |
HOUSTON – A federal judge has determined that a plaintiff who alleged excessive force was imposed upon him while he was incarcerated at the Texas Department of Criminal Justice in 2016, was prejudiced due to the delayed response of one of the named defendants in the case.
Appellate Courts

Fifth Circuit rules telehealth veterinarian’s constitutional rights were violated by Texas state law

By Nicholas Malfitano |
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has decreed that a requirement from the Texas State Board of Veterinary Medical Examiners for those conducting such exams of pets do so in person, does in fact violate the constitutional rights of a telehealth veterinarian.
State Court

Judge signs off on verdict finding for gastric surgeon, who performed late plaintiff’s 2006 surgery

By Nicholas Malfitano |
Federal Court

Federal judge dismisses pre-trial detainee’s policy claims against Harris County and law enforcement

By Nicholas Malfitano |
HOUSTON – A federal court has granted the dismissal of claims brought by a pre-trial detainee against Harris County and various law enforcement officers and inmates, where the plaintiff had alleged he was assaulted while in custody and the defendants failed to prevent and intervene in the assault.
Federal Court

Texas court dismisses delivery worker’s personal injury claims against Schindler Elevator Corporation

By Nicholas Malfitano |
HOUSTON – A federal court has granted the dismissal of claims brought by a package delivery worker against the manufacturer of an elevator whose alleged malfunction caused injuries to the plaintiff more than three years ago.
State Court

Plaintiff Accuses Apartment Complex of Negligence Leading to Injury

By Southeast Texas Record |
A Harris County resident has filed a lawsuit against her apartment complex for alleged negligence resulting in serious bodily injury after tripping on a damaged step. The plaintiff seeks up to $70,000 in damages for medical expenses and physical pain.
State Court

Texas Woman Sues Retail Giant Target Over Negligence Leading to Severe Injuries

By Southeast Texas Record |
Pier Carter has filed a lawsuit against Target Corporation in Harris County District Court alleging negligence after slipping on water at one of their stores. She seeks up to $1 million for various damages including medical expenses and lost wages.
State Court

Plaintiff Alleges Negligence Against Nursing Home After Slip-and-Fall Incident

By Southeast Texas Record |
Latavia Carter seeks to overturn a previous court ruling dismissing her injury claim against FPACP Houston LLC d/b/a Focused Care at Westwood after slipping and falling on their premises in January 2020. She alleges negligence and procedural mishandling by the defendants and aims to have her case reinstated.
State Court

Employee Sues Manufacturing Company for Negligence Leading to Severe Injuries

By Southeast Texas Record |
Myron J. Dostalik has filed a lawsuit against his employer Houston Metal Sawing LLC following an accident that caused severe injuries leading to amputations. The suit claims negligence on part of the company for failing to provide a safe work environment among other allegations.
State Court

Plaintiff Alleges Negligence Against Moving Company Following Gas Station Collision

By Southeast Texas Record |
Jacqueline White has filed a lawsuit against U-Haul Co., alleging negligence after being struck by one of their trucks at a gas station in Harris County last year. She seeks up to $1 million in damages for her injuries.
State Court

Tenant Sues Apartment Complex Over Negligence Leading to Serious Injuries

By Southeast Texas Record |
Katherine Mayorga has filed a lawsuit against Ashford Glens Apartments and HK Capital Management for negligence resulting in severe injuries from a slip-and-fall incident caused by broken plumbing. She seeks over $1 million in damages for medical expenses, pain and suffering among other claims.
State Court

Plaintiff sues grocery chain for negligence after slip-and-fall incident

By Southeast Texas Record |
Leivy Chevez Portillo has filed a lawsuit against Fiesta Mart L.L.C., its d/b/a entity Fiesta Mart, and Chedraui USA Inc., alleging negligence after slipping on shampoo at one of their stores. The plaintiff seeks up to $1 million for damages including medical expenses and lost wages.
State Court

Plaintiff Alleges Negligence Against Local Business Following Severe Injury

By Southeast Texas Record |
Charisma O'Bryant has filed a lawsuit against Vaughn R. Taylor and associated entities following severe injuries sustained at Taylor's of Houston due to alleged unsafe conditions on their property. The case seeks damages between $250K-$1M for negligence and failure to maintain safe premises.
State Court

Injured Worker Sues Chemical Companies Over Catastrophic Explosion

By Southeast Texas Record |
Rodrigo Diaz has filed a lawsuit against several chemical companies following a catastrophic explosion at a Pasadena plant that left him severely injured. The complaint details allegations of negligence and gross negligence while seeking over $1 million in damages.

Dallas-based S2 Capital and CEO Scott Everett file defamation lawsuit against alleged fraudster Jakub Kostecki

By Southeast Texas Record |
Dallas-based real estate investment firm S2 Capital has taken legal action against an individual the company claims defamed the firm and its founder and CEO Scott Everett.

J&J opting to put $6.5B settlement offer to claimant vote could end long-running talc products litigation

By Nicholas Malfitano |
HOUSTON – Johnson & Johnson’s recent decision to put a $6.5 billion settlement offer to a vote by claimants in its long-running litigation over ovarian cancer injuries resulting from use of its talc-based products, may see the case end and a quicker financial recovery for plaintiffs.

Paxton secures injunction against Biden private firearms sales ban, sues Labor Dept. over new union rule

By Chris Dickerson |
Texas Attorney General Ken Paxton has secured an injunction to stop a new federal rule that unlawfully sought to curtail Americans’ constitutional right to privately buy and sell firearms.

Suit claims H-E-B employee pushed train of carts into shopper

By Record staff reports |
HOUSTON - A lawsuit seeking between $250,000 and $1 million in damages is alleging an H-E-B employee pushed a train of carts into a shopper.

Man sues claiming he was injured during massage

By Record staff reports |
HOUSTON - A man has filed a suit claiming his Father’s Day gift of massage ended up causing him a shoulder injury.

Fort Capital LP collaborates with federal law enforcement after online extortion attempt

By Southeast Texas Record |
August 23, 2024 (Fort Worth, TX)— Fort Capital LP, a Texas-based real estate investment firm, has reported an apparent scheme to extort money from the company, prompting a federal investigation. The firm, known for its substantial real estate transactions in Texas, Florida, and Tennessee, disclosed the situation in a statement released today.

Paxton looking into reports that organizations may be illegally registering noncitizens to vote

By Chris Dickerson |
AUSTIN – Texas Attorney General Ken Paxton has opened an investigation into reports that organizations operating in Texas may be unlawfully registering noncitizens to vote in violation of state and federal law.

Fifth Circuit affirms lower court's denial of business interruption coverage for COVID-19 losses

By Nicholas Malfitano |
NEW ORLEANS – A federal appellate court has upheld a lower court’s decision that a nonprofit health system’s insurance policy did not cover business interruption losses caused by the COVID-19 pandemic.

Texas AG opens investigation into car manufacturers’ collection and sale of drivers’ data

By Record staff reports |
AUSTIN – Texas Attorney General Ken Paxton has opened an investigation into several car manufacturers after widespread reporting that they have secretly been collecting mass amounts of data about drivers directly from their vehicles and then selling that data to third parties—including to insurance providers, a press release states.

Texas AG launches data privacy initiative to protect sensitive info from tech and AI companies

By Record staff reports |
AUSTIN – Texas Attorney General Ken Paxton has launched a data privacy and security initiative, establishing a team focused on enforcement of Texas privacy laws.

AG Paxton sues Travis County, claims taxpayer funds were improperly used for voter registration efforts

By Nicholas Malfitano |
AUSTIN – State Attorney General Ken Paxton has filed legal action against the Travis County Commissioners Court, arguing that the government body improperly used taxpayer funds to employ a third-party organization to encourage voter registration efforts without having the lawful authority to do so.

Pax­ton appeals dis­missal of challenge to Bexar voter registration mailout program

By Chris Dickerson |
Texas Attorney General Ken Paxton recently filed a notice of appeal to continue a lawsuit challenging a Bexar County program that unlawfully mailed thousands of unsolicited voter registration applications to unverified recipients.

OPINION: Safeguarding Texas Healthcare: Rejecting PBM reform for patient prosperity

By Robin Armstrong |
In the Lone Star State, where individualism and self-determination are central to our way of life, the looming specter of Pharmacy Benefit Manager (PBM) reform raises concerns among Texans who staunchly oppose socialist government interference and control. As the debate over healthcare policy unfolds in Congress, lawmakers must promote the principles of limited government and personal freedom by avoiding extreme government controls on our private healthcare system. The proposed changes threaten to restrict PBMs’ ability to negotiate lower pharmaceutical costs and save patients money and oppose our Texan ethos that champions independence and a free-market approach.

Asbestos suit alleging exposure from husband’s work clothes revived on appeal

By Record staff reports |
HOUSTON - On Tuesday, the 14th Court of Appeals reversed a summary judgment win in favor of Howmet Aerospace, a defendant in an asbestos suit alleging a woman was exposed to asbestos fibers from her husband’s work clothes.

Estate of former millwright worker claims he died of asbestos exposure

By Marian Johns |
HOUSTON — The estate of a millwright worker claims the worker died from mesothelioma due to exposure to asbestos.

Plaintiff Accuses Apartment Complex of Negligence Leading to Injury

By Southeast Texas Record |
A Harris County resident has filed a lawsuit against her apartment complex for alleged negligence resulting in serious bodily injury after tripping on a damaged step. The plaintiff seeks up to $70,000 in damages for medical expenses and physical pain.

Federal judge dismisses pre-trial detainee’s policy claims against Harris County and law enforcement

By Nicholas Malfitano |
HOUSTON – A federal court has granted the dismissal of claims brought by a pre-trial detainee against Harris County and various law enforcement officers and inmates, where the plaintiff had alleged he was assaulted while in custody and the defendants failed to prevent and intervene in the assault.

Texas Civil Justice League mourns passing of Cary Roberts

By Staff reports |
AUSTIN - Cary Roberts, one of the “giants of the civil justice reform movement,” passed away on Dec. 3 at the age of 55.

Texas attorney loses bid in 14th Court of Appeals to have suspended license restored

By Takesha Thomas |
HOUSTON – A Texas attorney has lost a bid to have his suspended license restored by the Commission for Lawyer Discipline.