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SOUTHEAST TEXAS RECORD

Sunday, October 6, 2024

David Yates News


Fate of oyster projects unknown as Deepwater Horizon restoration moves forward, says A&M - CC grad.

By David Yates |
CORPUS CHRISTI — The settlement of the Deepwater Horizon oil spill fines — the largest pollution penalty in history — will bring an opportunity to spend billions of dollars on restoration projects in the Gulf of Mexico. However, new research by Harte Research Institute for Gulf of Mexico Studies graduate Dr. Brittany Blomberg has found that the fate remains unknown of hundreds of previous oyster reef restoration projects performed around the United States, an investment of more than

Mostyn Law Firm answers legal malpractice claim, judge declines to sever and abate

By David Yates |
Although Steve Mostyn has finally responded to allegations he ditched his client after a Hurricane Ike suit soured, the presiding judge refused to sever and abate the third-party claim, ensuring the Houston attorney’s alleged conduct will be on display when and if the case goes before a jury.

Brent Coon files suit on behalf of injured Marathon worker

By David Yates |
BEAUMONT – local attorney Brent Coon recently filed suit on behalf of a worker claiming injury from the Jan. 11 fire at the Marathon Petroleum facility in Texas City.

Modern Group wants $9M wrongful death suit tossed

By David Yates |
Defendants in a wrongful death suit seeking more than $9 million in damages recently filed a motion for summary judgment.

Notice of nonsuit filed in action seeking to dismiss predatory attorneys

By David Yates |
Last May, a Jefferson County woman and a Harris County man filed a lawsuit in Jefferson County against a Rusk County attorney and a Jasper County attorney, alleging unsubstantiated interest in their mother’s wrongful death claim in 2014.

Mostyn rejects ‘generous’ hailstorm settlements, accuses State Farm of bad faith mediation

By David Yates |
DALLAS - A hailstorm plaintiff represented by the Mostyn Law Firm recently filed a motion seeking exemption from mediation, accusing State Farm Lloyds of bad faith dealings for essentially not agreeing to a settlement that is worth three times the value of the insured’s home.

Litigation accusing Texas attorney of barratry mounts, fraudulent representation becoming a ‘disturbing trend’ says expert

By David Yates |
Allstate Texas Lloyds recently filed suit against R. Kent Livesay, accusing the Edinburg attorney of fraudulently representing several storm victims and demanding payment on their behalf. The lawsuit, filed Dec. 29 in Tarrant County, comes seven months after an El Paso couple sued Livesay for barratry, alleging he used a case runner to drum up business following an automobile accident.

Texas latest state to frown upon fantasy sport gambling

By David Yates |
AUSTIN– Texas Attorney General Ken Paxton released an advisory opinion on Jan. 19 essentially stating fantasy sport gambling is illegal under Texas law. According to section 47.02 of the Penal Code, a person commits an offense if he or she makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. “Because the outcome of games in daily fantasy sports leagues depends partially on chance, an individual's payment of a fee to parti

Clay Dugas initiates ‘defeat device’ suit against Volkswagen

By David Yates |
BEAUMONT – Local attorney Clay Dugas is representing an area resident in a “defeat device” suit against Volkswagen. A defeat device, as defined by the United States Environmental Protection Agency, is any apparatus that unduly reduces the effectiveness of emissions control systems under conditions a vehicle may reasonably be expected to experience. Through Dugas, Victor Fulton filed his suit Jan. 12 in Jefferson County District Court.

Entergy designates Osmose Utilities as responsible party in injury suit

By David Yates |
Entergy Texas’ motion to designate Osmose Utilities Services as a responsible third party in a personal injury lawsuit has been granted.

Mostyn Law Firm loses hailstorm trial against State Farm

By David Yates |
DALLAS – On Jan. 12 State Farm Lloyds emerged victorious in the trial of a hailstorm lawsuit brought through the Mostyn Law Firm in Houston.

Federal judge tosses Mostyn hailstorm suit against State Farm

By David Yates |
Nearly two years after their Hidalgo County home was damaged by a hailstorm, Armando and Aurora Martinez turned to the Mostyn Law Firm in Houston and sued their insurance provider, State Farm Lloyds, alleging breach of contract. State Farm fought back, filing a motion for summary judgment in June, stating that at no time after the company closed the claim did the couple disagree about the amount paid to them, federal court records show.

Hailstorm suit reform on the agenda for Texas House candidate

By David Yates |
Overwhelmed by thousands of lingering hailstorm lawsuits, Hidalgo County recently earned the title of “Judicial Hellhole,” bestowed by the American Tort Reform Association.

Ninth Court stays whistleblower suit against BISD

By David Yates |
BEAUMONT – The Ninth Court of Appeals has stayed a whistleblower suit against the Beaumont Independent School District. Shaunte Guillory made local headlines in early December when she filed suit against BISD in Jefferson County District Court, alleging she was demoted from principal at Mae Jones-Clark Elementary to assistant principal at King Middle School after making a complaint about Assistant Superintendent Dwaine Augustine.

JC suit over rear-end collision settles

By David Yates |
BEAUMONT – A suit brought after a rear-end collision on Interstate 10 has been settled.

QBE Holding seeks summary judgment for damage to Rent-A-Car vehicle

By David Yates |
As subrogee for Beaumont Rent-A-Car, QBE Holdings recently filed a motion for summary judgment in a suit Stephanie Grant, seeking to recover benefits paid to its insured’s vehicle. The suit was filed Sept. 30, 2013 in Jefferson County District Court. According to the lawsuit, on May 5, 2011, Grant rented a vehicle from Rent-A-Car, but did not return the vehicle at the end of the rental period. On June 3, 2011, Grant’s daughter, who did not possess a driver’s license, drove the vehicle without

Mostyn still hasn’t responded to legal malpractice claim against him

By David Yates |
More than a month after being named in a third-party complaint, Houston attorney Steve Mostyn still has not responded to allegations he ditched his client after a Hurricane Ike suit soured.

Pelvic mesh case before Texas SC could impact thousands of others

By David Yates |
In November, a Dallas appellate court reversed a $1.2 million jury verdict rendered against Johnson & Johnson for allegedly designing a defective pelvic mesh product. On Dec. 18 the plaintiff in the case filed a petition for review with the Texas Supreme Court, asserting her case presents a question that will impact thousands of others: what evidence is necessary to satisfy the causation standard in a products liability case involving an implanted medical device.

Abbott, Paxton react to Obama’s executive actions on gun control

By David Yates |
AUSTIN – Gov. Greg Abbott, who frequently sued the Obama Administration as attorney general, had a few words for the president on Tuesday, Jan. 5, after he announced his plans for executive actions on gun control.

Suit claims Sheriff Mitch Woods fired employee for reporting theft

By David Yates |
BEAUMONT - Jefferson County has been sued by a former employee claiming he was fired for reporting repeated theft being committed by another employee.