David Yates News

Woman’s suit against Houston over fall into sewer to continue, for now

By David Yates | Jun 18, 2018

HOUSTON – A lawsuit alleging the city of Houston a storm sewer drain was missing a cover will continue for now, as the First Court of Appeals recently remanded the case back to the trial court for further proceedings.

‘Frivolous’ climate change suit provokes ire of Texas AG, accuses liberals of trying to enact policy through courts

By David Yates | Jun 13, 2018

AUSTIN – Texas Attorney General Ken Paxton didn’t hold back following a hearing to dismiss New York City’s climate change lawsuit, accusing “liberal politicians” of trying to “enact disastrous policies through the courts because they have been unable to do so through the ballot box.”

Settled: Suit brought by Chevrolet owner alleging Tahoe had defective airbags

By David Yates | Jun 13, 2018

BEAUMONT – Before a jury could be selected, a Louisiana woman settled her lawsuit, which alleged she was injured in a vehicle accident because an airbag did not deploy.

Family Dollar seeks to compel discovery from slip & fall plaintiff

By David Yates | Jun 13, 2018

BEAUMONT — Family Dollar Stores of Texas recently filed a motion to compel discovery in a suit brought a Hardin County woman, who alleges the store’s negligence caused her to slip and fall.

Former Lamar softball coaches obtain TRO against university

By David Yates | Jun 12, 2018

BEAUMONT – The former coaches of the Lamar University women’s softball team were granted a temporary restraining order on Monday, June 11.

It’s ‘all you can eat’ at TWIA

By David Yates | Jun 12, 2018

It’s hard to resist an all-you-can-eat buffet. The idea of being able to devour as much as you want for a flat fee – going back for seconds, thirds, etc. – is very appealing, especially if you have a big appetite. But it’s best to resist the temptation to really get your money’s worth by overeating.

5th circuit appeal for injunctive relief follows allegations of ADA violations by Texas courts

By David Yates | Jun 11, 2018

SAN ANTONIO - The Manhattan resident who sued her San Antonio-based mother Mauricette Fairley for fraudulently and unconstitutionally guardianizing her blind military veteran father James Fairley has filed a notice of voluntary dismissal without Prejudice with the federal Western District Court of Texas.

Texas Watch op-ed over lack of Harvey payouts sparks rebuttals, expert calls piece the ‘same old rhetoric’

By David Yates | Jun 11, 2018

HOUSTON – In May, Texas Watch, a self-labeled consumer advocacy group, released an opinion piece arguing an “assault waged by insurance companies” in the state legislature has left many Hurricane Harvey victims still unable to resume their lives eight months later.

Texas court sides with Barnett Shale Mineral Interest owners in litigation against Chesapeake, Total

By David Yates | Jun 11, 2018

FORT WORT - A Tarrant County judge has rejected efforts by Chesapeake Exploration and Total E&P USA to dismiss claims in multidistrict litigation (MDL) filed by North Texas mineral interest owners over “sham” transactions associated with royalty payment calculations, clearing the way for the “sham” transactions claim to proceed.

Whistleblower claim not recognizable under general maritime law, justices find

By David Yates | Jun 8, 2018

HOUSTON – A man alleging he was fired for warning that a vessel could not be operated safely received no help from a Texas appellate court Thursday, as justices declined to “eviscerate the boundaries” of general maritime law.

Akerman continues Houston growth, announces new insurance litigation team members

By David Yates | Jun 8, 2018

HOUSTON ― Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, today further advanced its Houston expansion with a leading group of four insurance litigators, including experienced partners David Clark and Kristen McDanald.

Veolia ES seeks summary judgment in injury suit

By David Yates | Jun 5, 2018

BEAUMONT – A defendant company is seeking summary judgment in a lawsuit brought over an on-the-job injury.

Dickinson ISD’s $9.6M judgment against TWIA axed, Tony Buzbee loses out on $1.25M in attorney's fees

By David Yates | Jun 5, 2018

BEAUMONT – A Texas appellate court recently wiped a $9.6 million judgment stemming from a Hurricane Ike lawsuit brought by the Dickinson Independent School District.

Houston attorney nonsuits United Airlines from assault suit

By David Yates | Jun 4, 2018

HOUSTON – Last year, a video showing a former United Airlines employee pushing a Houston attorney to the ground went viral. A lawsuit seeking more than $1 million in damages soon followed.

Businessman told by judge not to ‘hustle business’ in Jefferson County, appeals to Texas SC

By David Yates | May 31, 2018

BEAUMONT – A local district judge is being accused of acting beyond his authority by attempting to supply terms to a settlement agreement, telling a defendant entrepreneur in his court that he didn’t want him “hustling business” in Harris County and then doing business in Jefferson County.

Texas AG reaches $15.2 million in settlements with fraudulent Medicaid providers

By David Yates | May 30, 2018

AUSTIN – On May 30, Attorney General Ken Paxton announced $15.2 million in combined Medicaid fraud settlements with a group of Dallas-Fort Worth area Medicaid rehabilitation therapy providers.

Texas AG leads 10-state brief supporting legislative immunity in Arkansas Supreme Court case

By David Yates | May 30, 2018

AUSTIN – On May 30, Attorney General Ken Paxton filed a 10-state friend-of-the-court brief supporting Arkansas in its legal fight to preserve the venerable principle of legislative immunity that first appeared in the English Bill of Rights of 1689 and was incorporated into the Constitution at the founding to ensure that legislators can do their jobs without fear of retribution.

Justices not on the fence in suit over property owners’ fence, couple tried to defend right to ‘enjoy property as they saw fit’

By David Yates | May 29, 2018

BEAUMONT – A Polk County couple that was sued by a property association because they allegedly violated a fence restriction received no help from the Ninth Court of Appeals on Thursday.

Dem JP candidate promises lawyers get to go to the ‘front of the line’ at fundraiser, remark sparks grievance

By David Yates | May 29, 2018

AUSTIN – Evidently, a lawyer’s time is more precious than a pro se person’s, at least in the eyes of one Democrat justice of the peace candidate, who promised attorneys they’d go to the “front of the line” during a fundraiser for her campaign earlier this year.

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