Nicholas Malfitano News
Woman who slipped and fell on grape in Fiesta Mart, sees her case dismissed through summary judgment
HOUSTON – A federal judge has dismissed through summary judgment a lawsuit brought by a woman who allegedly slipped on a grape inside a Fiesta Mart store and suffered significant injuries from her fall.
Impasse reached between Carroll Independent School District and DOE, over resolving former students’ civil rights complaints
FORT WORTH – Carroll Independent School District officials are reportedly refusing to negotiate the resolution of four former students’ civil rights complaints with the U.S. Department of Education – arguing that the U.S. Supreme Court’s recent overturning of the Chevron Deference doctrine makes null and void the federal government’s ability to resolve such claims.
First District appeals court finds rodeo group's performer payments are a protected trade secret
HOUSTON – In an issue of first impression, the Court of Appeals for the First District of Texas has found that a nonprofit rodeo group is not bound to disclose the amount of money that it pays to its entertainment performers, finding that information to be a protected trade secret.
Judge dismisses suit over child's sexual assault on school bus, but gives plaintiff chance to re-file
HOUSTON – A federal judge has dismissed without prejudice litigation brought by the mother of a minor child who was sexually assaulted on an Aldine Independent School District school bus for failure to state claims upon which relief could be granted – but provided the plaintiff with a chance to re-file the case.
Texas appellate court affirms ruling which denied a new trial to man who fell in restaurant
HOUSTON – A Texas appeals court has upheld a lower court’s decision to refuse a new trial on the subject of additional damages for past physical pain, impairment and mental anguish, to a man who won a jury verdict of more than $111,000 in a premises liability, slip-and-fall case.
Injunction allows pipeline company to continue pursuing constitutionality claims against National Labor Relations Board
GALVESTON – A federal judge has granted a preliminary injunction against the National Labor Relations Board and in favor of pipeline company Energy Transfer, which will allow the company to continue pursuing claims that the setup of the NLRB is unconstitutional.
Federal judge preserves most counts in nonprofit's False Claims Act case against Head Start vendors
HOUSTON – A federal judge has partially granted and partially denied a motion to dismiss a Texas nonprofit and public charity group’s litigation against four defendants, brought under the False Claims Act and alleging they engaged in a kickback program and submitted false statements which defrauded the U.S. government.
Federal appeals court strikes down FCC’s Universal Service Fund as unconstitutional
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has struck down the Federal Communication Commission’s “Universal Service Fund”, ruling that the measure is unconstitutional under the non-delegation doctrine and legislative vesting clause.
Texas judge throws out most claims in class action, data breach suit against legal services support provider
HOUSTON – A Texas federal judge has dismissed the vast majority of claims from a class action suit against a legal services support company, which alleged that its negligence and other liable actions left it vulnerable to a data breach and then caused the plaintiffs to be the victims of identity theft.
Lubbock company and Texas Public Policy Foundation challenge EEOC over Pregnant Workers Fairness Act
LUBBOCK – An electrical equipment company, represented by the Texas Public Policy Foundation, has brought suit against the Equal Employment Opportunity Commission contending that Congress violated the Quorum Clause in allowing its members to vote by proxy, and not in person, on a spending bill which authorized the Pregnant Workers Fairness Act – one tenet of which is that employers must accommodate employees seeking an elective abortion.
After Chevron deference struck down, Fifth Circuit revives challenge to Biden DOL rule
NEW ORLEANS – The ripple effects of the U.S. Supreme Court’s recent decision to strike down the Chevron doctrine have materialized in an opinion from a federal appellate court, which puts in jeopardy one of President Joe Biden’s first actions after he took office in January 2021.
Magistrate judge denies motion to exclude engineer's testimony in AMC movie theater fall case
HOUSTON – A federal magistrate judge has denied a motion to exclude testimony of a licensed professional engineer, in a premises liability case where the plaintiff alleged she was injured when she fell in the parking lot of an AMC movie theater.
Judge dismisses some claims from airport operations manager's excessive force suit against Harris County
HOUSTON – A federal judge has partially granted and partially denied a motion to dismiss civil rights and excessive force litigation from an operations manager at West Houston Airport, who was arrested by a deputy police officer at the site of a plane crash whose rescue efforts he was called in to assist.
First District appeals court affirms green-lighting of woman's motor vehicle injury suit against City of Houston
HOUSTON – A Texas appeals court has upheld the denial of a motion of summary judgment from the City of Houston, who had tried to dismiss a woman’s personal injury action resulting from a motor vehicle collision with a member of the City’s fire department.
J&J opting to put $6.5B settlement offer to claimant vote could end long-running talc products litigation
HOUSTON – Johnson & Johnson’s recent decision to put a $6.5 billion settlement offer to a vote by claimants in its long-running litigation over ovarian cancer injuries resulting from use of its talc-based products, may see the case end and a quicker financial recovery for plaintiffs.
Fourteenth Court of Appeals affirms dismissal of woman with rectal cancer's med-mal case
HOUSTON – A Texas appeals court has affirmed dismissal of a woman’s medical malpractice litigation against Houston Methodist Willowbrook Hospital and her doctor, which had charged the defendants with failing to diagnose her rectal cancer in a timely fashion and necessitating procedures to treat the cancer and permanent injuries.
U.S. Court of Appeals for the Fifth Circuit upholds dismissal of Harris County sheriff's deputy from sexual assault civil case
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has affirmed the dismissal of a Harris County, Texas sheriff’s deputy charged with deliberate indifference, in a suit connected to the sexual assault of a Houston woman.
Addison law firm receives summary judgment dismissal from property foreclosure suit
GALVESTON – A federal judge has dismissed through summary judgment claims of fraud, violation of the Texas Debt Collection Act, Texas Deceptive Trade Act, Federal Debt Collection Practices Act and intentional infliction of emotional distress against an Addison law firm, brought by a pair of Galveston County-based plaintiffs.
Texas Supreme Court assigns fault to both parties in fatal car-train accident
AUSTIN – The Supreme Court of Texas reversed a judgment from a lower appellate court and reinstated one from a Dallas County trial court, which found both parties in a fatal motor vehicle-freight train collision negligently caused the accident.
State Supreme Court: Justice of the Peace's religious rights violations case will proceed
AUSTIN – The Supreme Court of Texas has given the go-ahead for McLennan County Justice of the Peace Dianne Hensley to challenge a judicial reprimand she received for refusing to perform same-sex marriages.