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SOUTHEAST TEXAS RECORD

Friday, October 4, 2024

David Yates News


Disbarred attorney asks court to reconsider $120K anti-SLAPP award against him

By David Yates |
McALLEN – Earlier this month, a district judge in Hidalgo County ordered a disbarred attorney to pay more than $120,000 in legal fees to a newspaper he sued for defamation.

Insurance Council urges Texas SC to clear up ‘confusion’ stemming from past opinion in Ike suit

By David Yates |
AUSTIN – Numerous amicus briefs have been filed seeking to have the Texas Supreme Court rehear a Hurricane Ike lawsuit brought against USAA Texas Lloyds, asserting justices need to clear up confusion created by a past opinion.

Texas AG applauds Trump repeal of ‘unlawful’ Clean Power Plan

By David Yates |
AUSTIN – Attorney General Ken Paxton is praising the U.S. Environmental Protection Agency’s decision to repeal the unlawful Obama-era Clean Power Plan, a “job-killing regulation” that Texas, West Virginia and 22 other states successfully challenged all the way to the U.S. Supreme Court.

Mostyn Law says ‘calendaring error’ prevented firm from complying with judge’s order in hail suit

By David Yates |
FORT WORTH – A “calendaring error” is apparently the reason why Mostyn Law failed to comply with a court order – a mistake that nearly led to a client’s hail suit being dismissed for want of prosecution.

Ninth Court affirms Suntrust Bank summary judgment win

By David Yates |
BEAUMONT – On Oct. 5, the Ninth Court of Appeals affirmed a summary judgment win obtained by Suntrust Bank.

Possible benzene suit to be brought against Texaco, others

By David Yates |
BEAUMONT – A petition to perpetuate testimony has been filed against Texaco, Radiator Special and United States Steel.

Harley-Davidson hit with $1M defective motorcycle suit

By David Yates |
BEAUMONT – A defective product liability suit has been brought against the Harley-Davidson Motor Company Group.

Benzene suit alleges exposure dating back to 1950s

By David Yates |
BEAUMONT – ExxonMobil and Texaco have been named in a benzene suit alleging a deceased man’s exposure began in the 1950s.

Tort reform group cheers reversal of $663M judgment against Trinity Industries

By David Yates |
WASHINGTON - The American Tort Reform Association is cheering the recent reversal of a record-setting $663 million False Claims Act verdict in a case that helped land the Eastern District of Texas on ATRA’s Judicial Hellhole list two years ago.

Texaco, Chevron USA hit with wrongful death, asbestosis lawsuit

By David Yates |
BEAUMONT – Both Texaco and Chevron USA have been named as defendants in a lawsuit alleging wrongful death because of asbestos exposure.

Mostyn Law hail client ordered to show cause, faces possible sanctions

By David Yates |
FORT WORTH – A federal judge has ordered a Mostyn Law hail client to show cause on why his lawsuit should not be dismissed for failing to comply with a court order.

U.S. Chamber, 17 other groups seek to vacate CFPB arbitration rule

By David Yates |
DALLAS – The U.S. Chamber of Commerce, along with 17 other groups, are seeking to overturn a recent U.S. Consumer Financial Protection Bureau rule that prevents financial service providers from using arbitration as a means to settle disputes with consumers and avoid class-action litigation.

Lawsuit Abuse Awareness Week starts, tort reform groups remind Texans lawsuit abuse prevention ‘starts with you’

By David Yates |
AUSTIN –The first week of October marks Lawsuit Abuse Awareness Week, which is recognized by Citizens Against Lawsuit Abuse and grassroots groups across the country that support legal reform.

Swati Enterprises’ ‘deceitful’ sale of property cost Texas businessman millions, suit alleges

By David Yates |
BEAUMONT – A Port Arthur company’s alleged deceitful and fraudulent actions during the sale of a convenience store has left a Texas businessman “holding the bag” and “out of millions of dollars.”

Texas appellate court finds in favor of Sam Houston Electric, orders ‘class action’ members into arbitration

By David Yates |
BEAUMONT – The Ninth Court of Appeals has reversed a trial court’s order denying a Sam Houston Electric Cooperative motion to compel arbitration in a budding class action lawsuit.

Ninth Court once again reinstates property suit against Jefferson County

By David Yates |
BEAUMONT – Last year, the Ninth Court of Appeals reinstated a civil case against Jefferson County alleging wrongful foreclosure of a tax sale.

Texas AG: Beware of buying flood-damaged vehicles in aftermath of Harvey

By David Yates |
AUSTIN – On Sept. 27, Attorney General Ken Paxton advised any Texan considering a used car purchase to be wary of vehicles for sale that might have suffered flood damage from Hurricane Harvey.

No expert report needed in slander suit against healthcare providers, Texas appellate court finds

By David Yates |
HOUSTON – While Texas’ tort reform efforts have certainly impacted med-mal litigation, requiring expert reports when suing healthcare providers, a slander suit brought by one physician against another is not in need of such “specialized knowledge,” according to the Frist Court of Appeals.

Mostyn Law hail case dismissed for want of prosecution, second suit on the verge of DWOP

By David Yates |
DALLAS – Mostyn Law hail suits brought in Dallas County are seemingly starting to thaw, as one case has already been dismissed for want of prosecution, and a second looks like it will soon go the same way.

Ninth Court affirms SJ wins for Chase, Pleasure Pier HOA

By David Yates |
BEAUMONT – The Ninth Court of Appeals recently affirmed that a trial court was right in awarding summary judgment to JP Morgan Chase and the Pleasure Pier Homeowners Association in a wrongful foreclosure lawsuit.