Nicholas Malfitano News
Fourteenth Court of Appeals modifies granted relief in neighbors’ enduring nuisance case
HOUSTON – A Texas appeals court has stripped mental anguish damages and an injunction from a Brazoria County court’s finding in a long-standing nuisance suit between rival neighbors in Brookside Village, and otherwise affirmed the trial court’s original result.
Ex-Methodist Hospital employees’ class action over COVID vax loses federal counts, and is remanded to state court
HOUSTON – A federal judge has dismissed all federal claims and remanded state-law claims to their court of origin, in a class action suit brought by over 100 plaintiffs against Methodist Hospital due to the institution terminating them for refusing the COVID-19 vaccine and thus violating mandatory inoculation policies.
Harris County sheriff’s deputy who shot 911 caller’s father, is denied summary judgment dismissal
HOUSTON – A federal judge has denied a motion for summary judgment from a Harris County sheriff’s deputy, one accused of excessive force by a man the deputy shot in the left leg, the father of a woman who had just called 911 – an event the deputy contended was accidental.
Texas group assisting Iowa farmer in challenging USDA-related “Swampbuster” statute
AUSTIN – A Texas-based nonprofit group is one of two entities seeking judgment on the pleadings in their challenge to a federal law that they argue unconstitutionally takes farmers’ property without compensation.
Emergency room has another chance to plead breach of contract against Blue Cross and Blue Shield
HOUSTON – A federal judge has dismissed without prejudice breach of an implied contract claims, within an insurance dispute pitting a Harris County emergency room system versus the state’s Blue Cross and Blue Shield entity.
Judge: Defendant’s delayed response to excessive force case, prejudiced the plaintiff
HOUSTON – A federal judge has determined that a plaintiff who alleged excessive force was imposed upon him while he was incarcerated at the Texas Department of Criminal Justice in 2016, was prejudiced due to the delayed response of one of the named defendants in the case.
Fifth Circuit rules telehealth veterinarian’s constitutional rights were violated by Texas state law
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has decreed that a requirement from the Texas State Board of Veterinary Medical Examiners for those conducting such exams of pets do so in person, does in fact violate the constitutional rights of a telehealth veterinarian.
Judge signs off on verdict finding for gastric surgeon, who performed late plaintiff’s 2006 surgery
HOUSTON – A Texas state court judge has authorized a jury verdict which found in favor of a local surgeon, whose patient developed complications a decade after undergoing laparoscopic gastric band surgery in 2006 and later passed away in 2020.
Federal judge dismisses pre-trial detainee’s policy claims against Harris County and law enforcement
HOUSTON – A federal court has granted the dismissal of claims brought by a pre-trial detainee against Harris County and various law enforcement officers and inmates, where the plaintiff had alleged he was assaulted while in custody and the defendants failed to prevent and intervene in the assault.
Texas court dismisses delivery worker’s personal injury claims against Schindler Elevator Corporation
HOUSTON – A federal court has granted the dismissal of claims brought by a package delivery worker against the manufacturer of an elevator whose alleged malfunction caused injuries to the plaintiff more than three years ago.
First District appeals court affirms decision of Consumer Credit Commissioner to fire examiner
HOUSTON – A Texas appeals court has upheld a lower court’s decision to concur with the Texas Office of Consumer Credit Commissioner’s decision to fire one of its examiners for using a business credit card for personal use, and to reject the plaintiff’s allegations of discrimination and retaliation.
Fourteenth Court of Appeals affirms dismissal of claims against engineering firms, connected to rail yard contamination
HOUSTON – A Texas appeals court has affirmed the dismissal without prejudice of claims lodged against two professional engineering firms, stemming from environmental contamination at the Union Pacific Englewood Rail Yard near residential neighborhoods in Houston.
Southwest Airlines among defendants named in recently filed Harris County lawsuits
Recently filed lawsuits in Harris County, Texas courts include a negligence case against Southwest Airlines and a breach of contract/tortious interference case between law firms once hired by the same client.
Fifth Circuit affirms lower federal court ruling on Department of Labor’s authority on “White Collar Exemption”
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has upheld a Texas federal court’s ruling to grant summary judgment to the U.S. Department of Labor, in response to litigation which had challenged the Department’s authority to define the so-called “White Collar Exemption” in the Fair Labor Standards Act to include a minimum-salary requirement.
Galveston County wants to be dismissed from man’s suit alleging an unlawful traffic stop and arrest
GALVESTON – Galveston County is looking to dismiss litigation from a Dickinson man which alleged two of its sheriff’s deputies stopped him without a factual basis for doing so, unlawfully searched and then arrested him.
Aldine Independent School District again seeks to dismiss lawsuit over child sexual assault on bus
HOUSTON – Aldine Independent School District is seeking to dismiss amended litigation brought against it and its superintendent in full, litigation initiated by the mother of a minor child who was sexually assaulted on a District school bus.
Texas Public Policy Foundation-backed plaintiffs argue Corporate Transparency Act oversteps federal authority
TYLER – A pair of plaintiffs, backed by the Texas Public Policy Foundation have filed suit against the U.S. Department of the Treasury, the Financial Crimes Enforcement Network and their respective leaders, arguing that the recently-adopted Corporate Transparency Act (CTA) oversteps federal authority by requiring that anyone who forms a state corporate entity must disclose private information to federal law enforcement.
Watson, Chevron named in recently filed Harris County lawsuits
Recently filed lawsuits in Harris County, Texas courts include a sexual assault case against NFL player Deshaun Watson and a personal injury action from a man who suffered injuries at the Chevron Refinery.
Fifth Circuit appeals court finds constitutional rights of minor parties in Texas were not violated
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has joined a lower federal court in finding that the constitutional rights of minor political parties and their candidates in Texas were not violated by numerous provisions of the Texas Election Code.
AG Paxton sues Travis County, claims taxpayer funds were improperly used for voter registration efforts
AUSTIN – State Attorney General Ken Paxton has filed legal action against the Travis County Commissioners Court, arguing that the government body improperly used taxpayer funds to employ a third-party organization to encourage voter registration efforts without having the lawful authority to do so.