John Sammon News
Court seals documents in dispute between Ericsson, TCL Communications over patent
MARSHALL – Days after a federal judge in the Marshall Division of the Eastern District of Texas ruled on Nov. 4 that a computer software patent registered by Ericsson Inc. is not invalid, dealing a blow to a competing firm TCL Communications, case documents have been sealed.
Court partially upholds decision in dispute between High Standards Networking, Occupational Medical Care
HOUSTON – The Court of Appeals for the 1st District of Texas reversed one part if an earlier trial court decision that a medical care company had disparaged a computer support company resulting in business loss, but upheld the computer company’s breach of contract suit and money awards.
Texas appeals court modifies decision, grants court fees to medical care company
HOUSTON - International Medicine Center Enterprises (IMC) was awarded court costs on Oct. 26 in a judgement by the Court of Appeals for the First District of Texas in a lawsuit against a service provider IMC contended had engaged in deceptive business practices.
Roofer found not liable for water leak at Methodist Hospital
HOUSTON – Water damages to a hospital during a storm was not a result of negligence caused by a roofer, an appeals court ruled.
Texas court finds dry eye medicine patents not extendable under Native American tribe
MARSHALL – A federal judge on Oct. 16 ruled that patents for a medicinal product to alleviate a condition called dry eye were invalid after Allergan, a global pharmaceuticals company, attempted to extend the patents by transferring them to a Native American tribe in upstate New York.
Johnson & Johnson 'remains committed' in battle against hip implant lawsuits
DALLAS – Medicinal-pharmaceutical corporate giant Johnson & Johnson Co. continues to battle more than 8,000 lawsuits made against the company over an allegedly defective hip implant device, and attorneys for the firm insist they are in the right despite continuing setbacks in a case that seems to have no end.
Paxton states county clerks must file affidavit of adverse possession if it meets requirements
AUSTIN – Texas Attorney General Ken Paxton wrote in an opinion rendered on Sept. 12 that county clerks are duty bound to accept and file property claims for ownership under “adverse possession,” in other words, claiming property owned by someone else.
Texas Supreme Court to review case of injured oil rig worker who received $9.6 million settlement
AUSTIN – The Texas Supreme Court will review a case to decide if an oil rig worker who received approximately $9.6 million in damages from injuries sustained on the job deserved the award after a video that had been rejected by a trial court as evidence allegedly showed the man doing physical labor free of pain.
Appellate court dismisses appeal of Sealy officials in Town Park Center dispute
HOUSTON – The developers of Town Park Center, a retail complex in Sealy, won the latest round in a continuing lawsuit against the city of Sealy when the Court of Appeals for the 1st District of Texas dismissed an appeal from the 155th District Court in Austin on Aug. 24.
NFL appoints arbitrator to hear appeal by Dallas Cowboys star Elliott
DALLAS – Noted case arbitrator Harold Henderson will hear an appeal by Dallas Cowboys star running back Ezekiel Elliott to have a six-game suspension reduced after the football player was accused of domestic violence in a case that is pitting the NFL against its players union.
Government seeks to seize assets of Dallas attorney in medical equipment fraud case
DALLAS – The U.S. government moved to seize the assets of Dallas attorney Tshombe Anderson after Anderson pled guilty Aug. 3 to conspiracy to commit health care fraud in a case that also involves four of his family members.
Texas named as one of the most business friendly states in the country, lawsuit reform credited as part of the reason
AUSTIN – The state of Texas was recognized as one of the most business-friendly in the country and tort reformers said capping how much a person can collect on a lawsuit is part of the reason.
New York woman sues attorney Don Ford alleging negligence in father custody case
HOUSTON – A New York woman and actress Juliette Fairley has sued Houston and Dallas-based probate attorney Don Ford for negligence and breach of fiduciary duty, alleging that malfeasance led to her losing a custody case in which her father, a veteran of World War II, Korea and Vietnam, was instead placed in an old-age home whose care she alleges is substandard.
Houston firefighters get signatures to ask voters for pay parity with police
HOUSTON – Firefighters in Houston got the more than 32,000 signatures needed on a petition of people who supported to place before voters in November a ballot requesting parity in pay between themselves and police officers, which could jeopardize city plans to reform pensions, city officials said.
Sons of inventor drop patent suit against Disney over MagicBand device
BEAUMONT – The sons of a Texas inventor who challenged Disney Parks and Resorts for allegedly infringing their father’s patented wireless connecting system without authorization have dropped voluntarily their suit against Walt Disney Parks and Resorts.
Jefferson County immune from constable’s request for arbitration, court decides
BEAUMONT – The Court of Appeals of the Ninth District of Texas turned back the request of a former police constable to have Jefferson County arbitrate a settlement in his alleged wrongful termination case.
Texas Supreme Court to review patent agent-client confidentiality privilege
AUSTIN – The Texas Supreme Court will review whether patent agents who advise their inventor clients should be granted the same confidentiality privileges attorneys have with their clients - the first time a state supreme court has taken up the issue.
Texas appeals court rejects new trial for couple seeking damages to home from Hurricane Ike
HOUSTON – Two attempts to seek a new trial from a couple who alleged their insurer had failed to provide adequate payments for their home after it was damaged by Hurricane Ike has been turned back by the Court of Appeals for the First District of Texas.
Former Baylor University financial aid officer Kinyon and university settle lawsuit
HOUSTON – A former Baylor University financial aid officer who sued the university contending she was terminated because she reinstated the scholarship of a former football player wrongly kicked off the team for alleged sexual misconduct settled the case last week in an agreement with the university.
Investment recruiter asks for new trial in alleged oil scam case
HOUSTON – One of a group of businessmen the U.S. Securities and Exchange Commission (SEC) alleged sold fraudulent oil and gas investments to shareholders asked for a new court trial earlier this month, contending that his involvement in the case, recruiting investors, had ended before a summary court judgment determined that fraud had been committed.