News from July 2015
Dram shop suit against Dream Street now up in appeals court
A dram shop suit, brought against a nightclub and two individuals after a drunk driver allegedly killed a Nederland teen, is now before the Texas Ninth Court of Appeals.
Nautical Solutions takes special exception to seaman’s loose board injury suit
Nautical Solutions recently answered a Jones Act claim alleging a lose board made a vessel unseaworthy, taking special exception to the plaintiff’s negligence claim.
Speak Easy Lounge goer moves chair, smashes finger, sues
While hanging out at a Port Arthur restaurant, Georgina Thomas attempted to scoot her chair forward and smashed her finger.
Crispy potato surprise at IHOP results in lawsuit
Vidor local Stephen Brady wanted his potatoes served crisped, but not so crisp he’d crack a tooth after taking a bite. Alleging he spit out a piece of plate after scooping in a mouth full of potatoes at IHOP, Brady filed suit against the restaurant’s owner, Bona 1900, on July 9 in Jefferson County District Court.
Jumping World answers $1M suit brought after teen breaks foot
Jumping World USA has answered a suit brought by a local mother seeking more than $1 million in damages after her son broke his foot at the indoor trampoline park. Individually and on behalf of Dalton Brock, Shanna Brock filed her suit March 5 in Jefferson County District Court. A few weeks later, Jumping World answered the suit, asserting a general denial and demanding strict proof. Jumping World also asks the court that the plaintiff take nothing and that it be awarded costs.
HISD granted summary judgment in racial discrimination claim
Successfully arguing there’s no evidence of racial discrimination, the Houston Independent School District was recently granted summary judgment. Talyna Moody, a former HISD employee, brought a lawsuit against the school district on allegations she was "bullied and harassed" because of her race and religion before she was ultimately fired. Moody, who was employed as an onboard specialist, filed the claim Sept. 26, 2013, in the U.S.
Jefferson County 172nd Court District : August 2015
KENNETH LESLIE SHEPPARD V.
DBA: 6/16 - 6/30/2015
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Time to declare open season on trolls
Troll slayer Unified Patents predicts that 2015 will set a record for patent litigation, with more than 6,000 lawsuits likely to be filed – the vast majority by nonpracticing entities, i.e., patent trolls.
Visiting judge condemns Galveston County judge for interfering with judicial functions
A visiting judge presiding over the legal battle between Galveston County 56th District Court Judge Lonnie Cox and Galveston County Judge Mark Henry recently issued a ten-page order granting temporary injunction in favor of the former. Judge Sharolyn Wood’s order, filed July 6, condemned Henry for purposely interfering with the independence of the county’s judiciary and its ability to perform its judicial functions, one of these being the employment of Bonnie Quiroga as director of Judicial Adm
teasers and front page order list
Story CopyList for page 1 and article order.
Texas couple initiates multi-million dollar class action suit against water heater firms
Two Harris County residents filed a class action lawsuit against two out-of-state manufacturers alleging that their products led to hazards, costly repairs, and other issues beginning in 2014. Robert J.
Widow sues Wal-Mart, insurance firms over husband’s benefits
A Harris County woman is suing a national retailer and its benefits carriers for alleged infringement of fiduciary duties in 2015. Kimberly D.
Recent patent infringement cases filed in the Eastern District of Texas
MARSHALL DIVISION July 7 DiamondOP, LLC v.
Suit brought against a 2003 Lamar student over outstanding loan
A suit has been brought against a Nederland resident seeking to recover a student loan debt. National Collegiate Student Loan Trust 2004-2 filed suit against Candice and Lori Holm on July 2 in Jefferson County District Court. The plaintiff seeks to recover damages arising from Candice’s failure to repay amounts due and owing under a student loan entered into by Candice in connection with her education at Lamar University, as well as Lori as guarantor of the loan.
Driver alleges negiligence following flying tire accident
A motorist is suing a trucking company and its employee, alleging vehicular negligence in a collision involving an oversized tire.
Incarcerated dialysis patient sues surgeon over infection and injuries
A Henderson County resident filed a lawsuit against a Huntsville doctor asserting medical negligence in a case dating to 2011. John Crocker of Athens sued Dave Khurana in Galveston County District Court July 6, alleging liability in a series of medical procedures that he claims caused critical infection and injuries between 2011 and 2014. According to the suit, the plaintiff was diagnosed with renal failure in late August 2011 and referred to Dr. Khurana for treatment.
Driver sues U-turning cellphone user following crash
A Dallas resident filed a lawsuit against an Arizona resident alleging vehicular negligence in a 2013 Collin County, TX highway collision purportedly resulting in injuries to the plaintiff. Bernice Rooks filed a complaint against Joy Dee Larson of Phoenix, AZ, in the Sherman Division of the Eastern District of Texas July 6, claiming liability in a November 2013 Collinsville automobile collision According to the suit, Rooks was operating her vehicle eastbound at or near the 5000 block of State
Ninth Court reverses Floyd again after judge discards another jury verdict
For the second time in four months, the Ninth Court of Appeals has reversed the judgment of a Beaumont judge for disregarding a jury verdict. On July 2 justices ordered Judge Donald Floyd, 172nd District Court, to enter a final judgment consistent with a jury verdict rendered in a home remodeling lawsuit, reversing the Beaumont judge’s decision to nearly double a $36,000 award to $70,000.
Construction client claims inferior work caused major property damage
A Beaumont business filed a lawsuit against two construction firms for breach of contract in an allegedly faulty building project originating in 2012. Risinger Holdings LLC filed a complaint against Fulbright/Walker Builders Inc. d/b/a American Builders and Cardinal Glass Company Inc. in Jefferson County District Court July 1, claiming liability in alleged property damage between 2013 and 2014.