By DAVID YATES A Beaumont attorney who filed suit after his love triangle went south had his petition for writ of mandamus shut down by the Ninth Court of Appeals on Thursday.
By DAVID YATES In February, the Ninth Court of Appeals reversed a Beaumont judge’s ruling recognizing Denbury Green Pipeline-Texas as a common carrier – creating a “roadmap for endless litigation in every county touched by a pipeline project,” according to one tort reform group. Denbury filed a petition for review with the Texas Supreme Court on June 3, claiming the opinion will have widespread impact throughout the pipeline industry unless remedied by the high court.
By DAVID YATES Gov. Greg Abbott signed into law two tort reform measures Tuesday, ending asbestos double dipping and lawsuits brought by out-of-state plaintiffs.
By DAVID YATES The Texas Supreme Court recently declared that, under state law, an employee can’t recover against an employer for an injury caused by a known premises defect. In March 2014, the Fifth Circuit Court of Appeals sent a certified question to the high court, asking whether an employee can recover against an employer that doesn’t subscribe to worker’s compensation for an injury caused by a premises defect of which he was fully aware but that his job duties required him to remedy?
By DAVID YATES A Beaumont judge has granted a motion for summary judgment in a trip and fall claim against an apartment complex. As previously reported, Tina Provost, a Beaumont local, filed suit against The Shire Apartments on Aug. 19, 2013, in Jefferson County District Court. According to the lawsuit, on July 30, 2012, Provost was visiting a friend at the apartment complex.
By DAVID YATES More than three years ago, Houston resident Carrie Oldbury filed suit against Patrick Gravett, a Wimberley resident, for rear-ending her vehicle. The case, filed Jan. 25, 2012, in Jefferson County District Court, was set to go to trial Monday, June 15 but settled before a jury could be selected, according to a courthouse official.
By DAVID YATES A defendant found negligent in causing an automobile collision has appealed a $747,750 jury verdict levied against him. Through the Provost Umphrey Law Firm, plaintiffs Lisa Chapman and Amanda Breeden, as next of friend of several minors, filed suit against Alex and Maura Tony, Susan and Robert Saurage, and Dana Baker Jr. on Feb. 28, 2013, in Jefferson County District Court Jeremiah Demarcus Kelly was later added as a defendant. The plaintiffs alleged reckless driving in an automo
By DAVID YATES A Beaumont local is suing H-E-B for failing to warn her that she was about to step and slip on a substance on the floor – a fall that she alleges will force her to endure “mental anguish for the rest of her life.” Diane Mosley filed suit against H-E-B Grocery Company on June 8 in Jefferson County District Court.
By DAVID YATES North Cypress Medical Center recently filed a supplement to bolster its motion to dismiss, which argues Aetna Life Insurance was “judge shopping” when it filed its fraudulent billing case. Aetna filed suit against North Cypress and CEO, Dr. Robert Behar, on Feb. 23 in the U.S.
By DAVID YATES Smith County is seeking to dismiss a suit brought by a Tyler woman and her father-in-law for the alleged wrongful death of their husband/son in the county jail. Hannah Francis, on behalf of daughter Brielle Rowan, a minor; and Larry Rowan, father of the deceased, of Smith County, brought suit Jan. 16 against Smith County in the Marshall Division of the Eastern District of Texas. Court records show that on March 3 Smith County filed a motion to dismiss, arguing that the plaintiffs
By DAVID YATES On Thursday, June 11 Gov. Greg Abbott signed the Pastor Protection Act, saying the bill ensures Texas clergy members cannot be forced to violate their religious beliefs.
By DAVID YATES In January, the owners of Joe’s Crab Shack and several other popular restaurant chains reached a $1.8 million settlement in a federal securities class action lawsuit. On Friday, June 5, District Judge Vanessa Gilmore signed an order approving the settlement, awarding the plaintiffs’ attorneys in the case $600,000 from the settlement fund, plus $304,009.77 in expenses.
By DAVID YATES A plaintiff recently designated his experts in his suit against Echo Maintenance, which alleges he was injured at work when he fell through improperly laid out caliche. Citing negligence, Charles Rowry filed a lawsuit Oct. 14 in Jefferson County District Court against Echo Maintenance. According to the complaint, Rowry was employed by Motiva Refinery as a lead RCM on Feb. 14, 2014, when one of his subordinates asked for assistance turning on an important pump across from the No. 2
By DAVID YATES A Texas tort reform group is praising several bills that survived Texas’ 84th legislative session, but also says legislatures “failed to tackle” a key problem – storm chasing trial lawyers. The session ended June 1, during which lawmakers considered a number of issues of importance to the legal reform community, according to Texans Against Lawsuit Abuse. TALA cites several measures, including: - Asbestos reform legislation: Rep. Doug Miller, R-New Braunfels, and Sen. Charles Sc
