By DAVID YATES BISDlogoAn appeals court has agreed to hear a whistleblower lawsuit against the Beaumont Independent School District, which seeks immunity from the claim. Plaintiff George W.
By DAVID YATES The “gatekeepers” to civil justice system, plaintiff attorneys, are losing incentive to practice because of tort reform, according to a new study – a report furnished by, in the opinion of one man, two “left wing academics who never met a lawsuit they didn’t like.” On June 2 the American Bar Foundation sent out a press release promoting a new book: Tort Reform, Plaintiffs’ Lawyers, and Access to Justice, essentially a study examining more than 20 years of “tort reform activity” i
By DAVID YATES On Tuesday, June 9 a plaintiff, who brought suit over an automobile collision in Port Arthur, landed a jury verdict totaling nearly $19,000 in damages. Citing negligence, Juwon Dancy filed a lawsuit May 20, 2014, in Jefferson County District Court against Kerry Wayne Roberts. The trial began June 8 and concluded the following day. According to the original petition, Dancy was driving at the intersection of Dequeen and Thomas boulevards in Port Arthur on Aug. 6, 2013, when a veh
By DAVID YATES Newtron LLC recently had its motion for summary judgment granted, which argued it is immune from a suit brought by a refinery worker claiming injuries after one of the company’s employees stepped on him. On April 2, 2014, plaintiff Therold Palmer filed suit against Newtron and its subsidiaries in Jefferson County District Court, citing negligence. In his suit, Palmer claims he was injured on Sept. 26, 2013, at the Motiva plant in Port Arthur, when a Newtron employee who was descen
By DAVID YATES An individual defendant has been dismissed from a suit first brought against Motiva for not properly managing traffic and preventing a rear-end collision. On April 5, 2012, Diedric Gonzales filed suit against Eugene Albritton, Tammi Todd and Motiva in Jefferson County District Court. Jeff’s Truck and Equipment, Rosalita Medellin and Dwight Glover were later added as defendants. Court records show that on Feb. 27 Judge Milton Shuffield, 136th District Court, signed an order stating
By DAVID YATES A final judgment has been entered in a suit brought by a Panola County woman who alleged her mouth was injured when she bit into an M&M candy that contained a hard metal object. Diane Tilton filed a lawsuit Oct. 31 in the Marshall Division of the Eastern District of Texas against Mars Inc. and Walmart Stores Inc., citing breach of implied warranty of merchantability. Court records show that on Jan. 13 a notice of settlement was filed in the case, stating the parties had compromise
By DAVID YATES A Harris County man’s suit claiming he was fired after reporting sexual harassment in the workplace has been dismissed. As previously reported, Junious R.
By DAVID YATES In September, a federal judge designated BP as the foremost company responsible for the 2010 explosion of the Deepwater Horizon rig and ensuing oil spill. On Monday, June 1, the oil giant filed a brief in the Fifth Circuit Court of Appeals rejecting Judge Carl Barbier’s finding that it was “grossly negligent.” BP called upon the higher court in hopes of adverting a $12 billion fine that the government seeks to levy against the company.
By DAVID YATES The Texas branch of an activist group is calling the Supreme Court’s decision to rule against Abercrombie & Fitch, who was sued after refusing to hire a Muslim woman for wearing a hijab, “historic.” On Monday, June 1 justices, in an 8-1 decision, opined the retailer violated the civil rights of Samantha Elauf in 2008 because her head covering, an Islamic headscarf, violated the company’s “look policy.” The Houston office of the Council on American-Islamic Relations, the nation'
By DAVID YATES A slip and fall lawsuit brought by a local mother claiming her minor daughter was injured at a Wal-Mart store has been transferred to federal court. Beulah Reutiman, as next friend of A.M.H., a minor child, filed a lawsuit Sept. 24 in Jefferson County District Court against Wal-Mart Stores Texas, citing negligence. Court records show that on Oct. 21 a notice of filing removal was filed, stating the case had been removed to the U.S.
By DAVID YATES Discovery is still ongoing in a suit brought by an area contractor company alleging it was not paid for construction work at a church. Capitol Crew filed a lawsuit Oct. 21 in Jefferson County District Court against True Vine Missionary Baptist Church of Port Arthur, Michael L.
The trial of a civil case alleging wrongful foreclosure of a tax sale has been continued. As previously reported, Charles Kirkwood filed suit against W.
By DAVID YATES The top funder of Democrats in the state of Texas was also the political figure behind “virtually” all the opposition to a bill aimed at curbing the surging trend of mass lawsuits filed after a hailstorm strike, says one tort reform group. For the past decade, Houston trial lawyer Steve Mostyn has reaped hundreds of millions of dollars suing the Texas Windstorm Insurance Association and other insurers following major hurricanes and hailstorm strikes. And when Senate Bill 1628 w
By DAVID YATES A bill seeking to restrain fraud in asbestos litigation has passed both houses of the Texas Legislature. In February, state Rep. Doug Miller, R-New Braunfels, introduced House Bill 1492, relating to consideration of asbestos or silica trust claims in actions asserting asbestos or silica injuries. On Friday, May 22, the Texas Senate voted to pass the bill.
By DAVID YATES The Ninth Court of Appeals recently affirmed a lower court’s ruling granting a plea to the jurisdiction motion brought by Communities in School Southeast Texas – effectively stopping a pair of plaintiffs from recasting their claim to avoid dismissal under the Texas Labor Code. Originally alleging retaliation and discrimination, former CISSET employees Elizabeth Woods and Karen Prater filed suit against the outreach program and supervisor Karen Newton on Nov. 29, 2010, in Jefferso
By DAVID YATES BeaumontThe federal government is seeking to stop the city of Beaumont from violating the Fair Housing Act and the Americans with Disabilities Act. The complaint was filed May 26 in the U.S.
