David Yates News
Texas, other states challenge new rules furthering Obama environmental agenda
AUSTIN – On Nov. 29, Attorney General Ken Paxton announced that Texas and 17 other states filed a lawsuit challenging new federal rules broadly expanding the definition of “critical habitats” for endangered and threatened species.
Marriot wins suit over Houston Super Bowl rooms, travel agency tried to resell block it purchased
HOUSTON – In September, JCD Marketing sued Marriott Hotel Services, seeking to compel the hotel to honor its obligations and provide a large block of rooms for Super Bowl weekend at its Galleria location.
August trial set in suit alleging Mostyn caused wreck while racing his Ferrari
HOUSTON – A trial date has been set in an automobile collision suit brought against Mega attorney Steve Mostyn, who allegedly caused an automobile collision while racing a Camaro in his Ferrari.
Papa John’s hit with $1M suit for driver’s crash
BEAUMOMT – An area resident is suing a popular pizza chain for more than $1 million for injuries she allegedly suffered in an automobile collision with a driver employed by the company.
Granted: Nationwide injunction against Obama’s ‘unlawful’ Overtime Rule
AUSTIN – On Nov. 22 a federal judge granted a nationwide preliminary injunction against the U.S.
Hailstorm attorney suspended one year for misconduct, expert says enforcement efforts still not slowing down ‘bad actors’
HIDALGO COUNTY – Hailstorm attorney Kent Livesay has agreed to a one-year suspension for demanding damages from an insurance company on behalf of a client he did not represent – the latest enforcement effort that doesn’t seem to be slowing down the “bad actors” soliciting storm cases, says one industry expert.
Texas House to hear testimony on mass storm lawsuit impact
AUSTIN – Next month, members of the Texas House of Representatives will hear testimony on the trend of mass litigation that now follows every storm strike within the Lone Star State.
Ninth Court to decide whether Port of Beaumont immune from injury suit
BEAUMONT – Justices on the Ninth Court of Appeals have been tasked to determine whether the Port of Beaumont Navigation District of Jefferson County has governmental immunity from an injury suit.
Settlement reached in $2M ERISA suit against Kickapoo Tribe
HOUSTON — A settlement has been reached in a suit brought by a Texas hospital, which accused the Kickapoo Traditional Tribe of Texas of fraud and violating a federal labor law when its health plan and plan administrators refused to pay more than $2 million in medical benefits for services provided to an employee covered in the health plan.
AG Paxton: Texas to receive $50M in judgment against Volkswagen
AUSTIN – On Nov. 18, Attorney General Ken Paxton announced an agreed final judgment and permanent injunction that resolves a lawsuit brought by Texas against Volkswagen for violations of the Texas Deceptive Trade Practices Act. The automaker allegedly misled consumers by marketing and selling diesel vehicles as “clean,” even though it knew the cars were equipped with defeat device software to cheat on emissions tests.
Ninth Court affirms Port Arthur’s dismissal from whistleblower suit
BEAUMONT – The Ninth Court of Appeals recently affirmed a trial court’s ruling to grant the city of Port Arthur’s plea to the jurisdiction in a suit brought by a man claiming he was fired for refusing to drive a defective garbage truck.
Hailstorm lawsuit reform among Lt. Gov. Dan Patrick’s top priorities
AUSTIN – On the first day of legislative bill filing, Lt. Gov. Dan Patrick released his list of top 10 legislative priorities for the 2017 Legislative Session, which includes hailstorm lawsuit reform.
U.S. settles with ACLU Client in suit over alleged CBP officer abuse
HOUSTON – The U.S. Government has agreed to pay $85,000 to a U.S. citizen with a physical disability, who was allegedly abused by a Customs and Border Protection agent at the Brownsville Port of Entry while trying to watch the search of her purse.
Permanent, nationwide Injunction granted for Texas in U.S. Dept. of Labor case
AUSTIN – On Nov. 16 Texas Attorney General Ken Paxton announced that a federal judge granted a permanent, nationwide injunction in favor of Texas, Arkansas, and eight other states in National Federation of Independent Business, et al.
U.S. Chamber asks Texas SC to ‘curb discovery gamesmanship’ in hail cases
AUSTIN – For the past year, an appeal brought by State Farm Lloyds has been before the Texas Supreme Court, in which the insurer’s allies contend trial lawyers are abusing discovery to force settlements in storm lawsuits.
US News, Best Lawyers name Provost Umphrey to 2017 Best Law Firms list
BEAUMONT -- The Provost Umphrey Law Firm has garnered the Best Law Firms designation from the publishers of U.S.
Beaumont attorney to dismiss suit against Jefferson County, says official
BEAUMONT – A lawsuit brought by an area attorney over a tax foreclosure sale will soon be dismissed, says a courthouse official.
Texas judge denies SEIU retrial, orders union to turn over documents
HOUSTON – A Texas district judge recently ruled the Service Employees International Union has no grounds to request a retrial following a court order directing the Chicago-based union to pay Professional Janitorial Services Houston $7.8 million.
Continued: JC trial of $1M auto collision suit
BEAUMONT - A lawsuit alleging a passenger was injured in a vehicle collision was slated for trial this month but has been continued until next month.
State Farm granted summary judgment in Mostyn foundation suit
DALLAS – State Farm Lloyds recently shut down another Mostyn Law lawsuit, obtaining summary judgment in litigation brought after the insurer denied a couple’s claim for foundation damage.