Elizabeth Alt News
Court denies appeal of more than $138,000 ruling against Shoshana Diamonds wholesaler
HOUSTON – The Texas 1st District Court of Appeals affirmed a Harris County trial court judgment awarding more than $100,000 to Diamond Collection Co. for diamonds and jewelry sent to Shoshana Diamonds that allegedly were never paid for.
9th District Court upholds dismissal of suit against Joe Corley Detention Facility
BEAUMONT – The Court of Appeals of the 9th District at Beaumont affirmed a trial court order dismissing Valentin Ayala-Gutierrez’s suit claiming Civil Rights Act violations, noting Ayala-Gutierrez failed to appear at the hearing that was scheduled to establish why his suit should not be dismissed and never requested any citations to be prepared.
1st District Court of Appeals reverses says expert's opinion did not meet requirements in med-mal, reverses ruling
HOUSTON – On Nov. 13, the 1st District Court of Appeals in Texas remanded a medical malpractice suit back to a lower court over findings that the medical expert opinion did not comply with statutory requirements.
9th District Court of Appeals affirms oil company can’t claim declaratory relief in suit over leases
BEAUMONT – In an opinion issued Nov. 15, the 9th District Court of Appeals at Beaumont affirmed the 172nd District Court's order that found a company can’t file a claim for declaratory relief in a lawsuit over who owns oil and gas leases in Jefferson County.
Appellate court reverses part of ruling in former employees' case against Travis Law Firm over wages
HOUSTON – On Aug. 23, the 1st District Court of Appeals issued an order on a compound appeal to reverse part of a trial court's ruling in a lawsuit brought against a Texas law firm by two former employees who claimed they were owed for unpaid wages.
Appellate court rules tenants did not support award for specific performance in property sale dispute
HOUSTON – The First District Court of Appeals reversed a trial court ruling Aug. 23 in favor of a couple who said the owner of a property they contracted to buy breached their contract when he encountered title problems.
Appellate court partially remands discrimination suit against UT Health back to trial court
HOUSTON – A lawsuit alleging a former nurse’s boss at UT Health Science Center-Houston bullied and threatened her based on her gender and race was partially remanded back to trial court by the 1st District Court of Appeals.
Appeals court states appellant did not demonstrate harm in malpractice case against Houston Methodist
HOUSTON – On July 3, Texas’ 1st District Court of Appeals affirmed the trial court order denying a woman’s medical malpractice claims against Houston Methodist Hospital.
Majority of ruling upheld in UTMB dean's discrimination suit
HOUSTON – The 14th Court of Appeals issued a ruling affirming most of a trial court's judgment granting the University of Texas Medical Branch’s plea to the jurisdiction in a suit brought by a tenured professor claiming discrimination and conspiracy.
Appellate court rules Texas Department of Criminal Justice can't claim immunity in inmate's suit
HOUSTON – The Texas 1st District Court of Appeals upheld a trial court's ruling denying the Texas Department of Criminal Justice’s plea for personal jurisdiction in an inmate’s suit alleging negligence and excessive force against a prison guard and the TDCJ.
Texas Supreme Court affirms Laredo's bag-ban is illegal
AUSTIN –The Texas Supreme Court upheld the 4th Court of Appeals decision that a city cannot impose an ordinance banning single-use plastic or paper bags by merchants, a ruling that could end the statewide single-use bag bans.
U.S. Supreme Court decision upholds Texas' district maps
WASHINGTON – The U.S. Supreme Court recently released a court opinion to uphold the majority of Texas’ House and Congressional district maps, ending the years-long debate over whether Texas’ legislatures intentionally drew districts to discriminate against minorities.
Florida Gas Transmission's claims against FCC Environmental VP dismissed
HOUSTON – In an opinion issued June 21, the 1st District Court of Appeals reversed a ruling that dismissed Florida Gas Transmission Co.'s claims against the vice president and general counsel of a pipeline maintenance company.
Reversed: Negligence claim against St. Joseph Medical Center from man who was shot by security
HOUSTON – On June 21, the 1st District Court of Appeals issued a ruling to reverse a man’s negligence claim against St. Joseph Medical Center.
Engineer affidavit in case against ExxonMobil programmer unqualified, court rules
HOUSTON – The 1st District Court of Appeals reversed a district court’s ruling that denied three engineering companies' motion to dismiss a man's negligence claims against them.
Appellate court rules lower court abused discretion in Associates in Medicine trade secrets case
HOUSTON – The 14th Court of Appeals issued a ruling on June 21 conditionally granting a writ of mandamus that two physician groups do not need to follow an “extreme and highly intrusive” trial court order that a forensic expert will search for information relating to allegations of stolen trade secrets.
Appellate court rejects Velvin Oil's request for rehearing in fraud suit
HOUSTON – The 1st District Court of Appeals issued a ruling on May 8 that denied realtor Velvin Oil Co.’s motion for a rehearing and reissued its previous order from January that found a Harris County trial court only erred in not issuing a ruling on a venue transfer motion before ruling on merits of the case.
Exxon seeks to dismiss suit against Papua New Guinea oil investors
HOUSTON – Exxon Mobil Corp. and Exxon Mobil Canada LTD have filed a motion in the Houston Division of the Southern District of Texas to voluntarily dismiss a lawsuit they filed against several parties of an oil exploration project in Papua New Guinea after the investors dismissed Exxon from the arbitration against them.
Ninth Court of Appeals voids later ruling in workers' comp case that increased award by nearly $60,000
BEAUMONT – The Court of Appeals of the 9th District of Texas issued a ruling to vacate a trial court judgment in a man’s work injury case, finding that the trial court no longer had jurisdiction to increase the man’s award.
Trial court to determine whether Vidor church's suit over leaky roof to be dismissed with or without prejudice
BEAUMONT – An appellate court has reversed an order that denied a motion to dismiss filed by the architects and engineers a Vidor church claims failed to keep a roof from leaking after a three-year multimillion dollar project.