Carrie Salls News
Plea to jurisdiction overturned for MD Anderson Cancer Center in PIA case
HOUSTON – The Court of Appeals for the 1st District of Texas overturned an order of the 151st District Court of Harris County related to whether the University of Texas MD Anderson Cancer Center has access to information held by the MD Anderson Physicians Network, which was requested by Dr. Michael Fallon, according to a Dec. 20 opinion.
Appeals court agrees Memorial Hermann not to blame in slip-and-fall accident
HOUSTON – The Court of Appeals for the 1st District of Texas agreed with an order entering a judgment in favor of Memorial Hermann Health System in a personal injury lawsuit filed against it by Cynthia Holland, according to a Dec. 18 opinion.
First District Appeals Court orders dismissal of trade secrets claims filed by WSP USA
HOUSTON – A state appellate court has affirmed in part and reversed in part a company's suit against three former employees over allegations of misappropriation of trade secrets.
Judgment in Acme Truck Line's favor reversed in cellphone shipment theft case
HOUSTON – An appellate court has reversed a summary judgment in favor of Acme Truck Line in a case over a settlement over an action of the theft of a shipment of cellphones.
TXDOT employee who was terminated after taking scrap metal loses appeal of dismissal of case
BEAUMONT – The Court of Appeals for the 9th District of Texas at Beaumont upheld an 88th District Court of Tyler County order dismissing a woman’s lawsuit against the Texas Department of Transportation (TXDOT), her former employer, and her supervisor Henry Sawyer, according to a Dec. 20 Appeals Court opinion.
Beaumont court upholds arbitrator's ruling in home construction lawsuit
BEAUMONT – The Court of Appeals for the 9th District of Texas at Beaumont ruled in a Feb. 28 opinion that an arbitrator who entered an award in a construction project dispute between Construction Financial Services Inc. (CFS) and two individuals that signed an agreement for construction of a new house and barn had not “exceeded her authority in rendering the award against CFS.”
Appeals court upholds summary judgment favoring state in deceptive practices case
HOUSTON – The 14th Court of Appeals for the State of Texas upheld a summary judgment entered in favor of the state of Texas by the 80th District Court of Harris County in a Deceptive Trade Practices-Consumer Protection Act lawsuit, according to an opinion filed by the appeals court on Feb. 27.
Gov. Abbott appoints three new members to San Jacinto River Authority board
AUSTIN – Three new members have been named to the board of the San Jacinto River Authority (SJRA), a move approved by Texas State Sen. Brandon Creighton (R-Conroe), according to a news release.
Mt. Hawley Insurance complaint argues against coverage in apartment complex deaths
HOUSTON – Mt. Hawley Insurance Co. argued in a lawsuit filed Jan. 16 in the Houston Division of the Southern District of Texas that it should not have to cover damages incurred by an apartment complex owner after two people were allegedly killed at the complex by a contracted security guard.
Wells Fargo breach case remanded by appellate court; credit amount, debt don't add up
HOUSTON – Wells Fargo Bank NA will have to explain how two breach-of-contract lawsuit defendants could have racked up $81,070.79 in unpaid debt on an alleged $30,000 business line of credit after the 14th Court of Appeals reversed a summary judgment entered in Wells Fargo’s favor and sent the case back to 113th District Court, Harris County for further proceedings.
Texas AG joins 19 other states in support of cake artist in same-sex marriage case
AUSTIN – Texas Attorney General Ken Paxton and officials from 19 other states filed a brief with the Supreme Court of the United States supporting a bakery owner who refused to make a wedding cake for a same-sex couple, according to a friend-of-the-court brief filed in September.
14th Court of Appeals dismisses case tied to home inspector employment status
AUSTIN – The 14th Court of Appeals in the state of Texas dismissed a judgment in a case that questioned the employment status of a city of Clear Lake Shores-employed home inspector in a Dec. 7 opinion, overturning a ruling made by the 125th District Court of Harris County.
Baron & Budd hired to investigate North Carolina PFC disposal concerns
DALLAS – Baron & Budd PC, a law firm based in Dallas, will be one of two firms representing Brunswick County, North Carolina in a matter in which the county is looking to “recover costs and ratepayer funds required to investigate, manage, reduce and remove certain chemicals from drinking water drawn from the Cape Fear River,” according to a statement released by Brunswick County on Sept. 6.
Sixth District appeals court strips Harleton Oil of interest sale award
TEXARKANA – Harleton Oil & Gas Inc. will no longer receive $6.8 million it was awarded by the 71st District Court, Harrison County in connection with a sale of deep right interests in an oil and gas leasehold after the 6th District Court of Appeals at Texarkana reversed part of the district court’s ruling.
5th Circuit Court overturns preliminary injunction against Mississippi religious freedom law
NEW ORLEANS – The 5th U.S. Circuit Court of Appeals threw out a preliminary injunction granted to plaintiffs in a lawsuit filed by the American Civil Liberties Union that challenged the state of Mississippi’s Religious Liberty Accommodations Act (HB 1523), according to a statement from the office of Texas Attorney General Ken Paxton.
Government watchdog files FOIA lawsuit seeking alleged EPA encryption documents
WASHINGTON – Judicial Watch Inc. filed a Freedom of Information Act lawsuit March 23 in the U.S. District Court for the District of Columbia alleging that some Environmental Protection Agency officials “may have used the cellphone encryption application ‘Signal’ to thwart government oversight and transparency,” according to a Judicial Watch news release.
Rep. Farenthold renews call for protection of 'innocent sellers'
WASHINGTON – Congressman Blake Farenthold (R-Texas) reintroduced a bill known as the Innocent Sellers Fairness Act that is designed to shield vendors who do not actually design or manufacture the products they sell from defect-related litigation.
State senator says bill seeks to stop 'storm-chasing' attorneys from 'inciting unnecessary' hail litigation
AUSTIN – A bill introduced by Sen. Kelly Hancock aims to curb abuse of the legal system by lawyers filing hailstorm damage-related lawsuits in mass.
Immigrant impact findings no surprise to congressman
AUSTIN – New American Economy (NAE) has released a Map the Impact report, which highlights the economic, voting and other impacts immigrants have on their respective states, cities, congressional districts and industries and uses that data as a basis for its call for immigration reform efforts across the country.
Despite progress, East Texans Against Lawsuit Abuse's founder cites work ahead to combat lawsuit abuse
LONGVIEW – Despite progress made in turning around a reputation that has pegged Texas as a popular venue for medical malpractice lawsuits and “not a business friendly environment,” Ruben Martin, founder of East Texans Against Lawsuit Abuse, said in a newsletter entry commemorating ETALA’s 25th anniversary that “junk lawsuits continue to cost us dearly.”