News from July 2015
Consumer charges collection firms with cell phone infringement
A Galveston County resident filed a lawsuit against a several debt collection businesses alleging consumer law violation by placing calls to his cell phone during an unspecified time period. Kodel Frazier of La Marque filed a grievance against Stellar Recovery Inc. of Kalispell, MT, UPG LLC of Buffalo, NY, and JNR Adjustment Company Inc. of Maple Grove, MN in the Galveston Division of the Southern District of Texas June 14, claiming liability in an undated series of events.
Laborers charge employer with failure to obey overtime laws
A group of workers filed a class action lawsuit against their Houston-based employer for bad faith and labor law violations between 2012 and 2015, when the firm allegedly avoided paying them overtime wages. Jose de Jesus Oviedo Hernandez, Donaciano Nieto, Lorenzo Vega, Javier Santillan, Hose Leonel, Hernandez Henriquez et al filed a complaint against Robert Dering Construction LLC in Galveston County District Court June 13, claiming violation of the Fair Labor Standards Act. According to the
Child specialist sues ex-employer alleging failure to pay overtime
A Texas resident filed a class action lawsuit against his former employer on allegations of labor law violation dating to 2012. Vance Anderson filed a complaint against Hearts With Hope Foundation of Spring in the Houston Division of the Southern District of Texas July 15, claiming liability from 2012 to the present. According to the suit, Anderson is one of several Direct Care Personnel formerly employed by the defendant to work with children with mental or emotional disturbances at the found
teasers and front page order list
Story Copy- NFL wants court costs slashed in suit over 2011 Super Bowl seats (Bad view blues) (Any generic pic related to that super bowl is fine) - Appeal filed in suit over Nederland teen’s death.
Arnold & Itkin hit with $4M suit for not paying client referrals
Arnold & Itkin was recently hit with a $4 million suit, brought by a man alleging the Houston law firm refused to pay him for personal injury clients he drummed up for the lawyers.
Woman faults driver with negligence in car collision
A Galveston County woman is suing another driver for allegedly causing a car collision that left her with serious injuries. Heather Triplet filed a lawsuit July 10 in the District Court of Galveston County against Gloria Perez Mulvaney, citing vehicular negligence in a 2014 automobile accident.
Motorcyclists sue driver over injuries sustained in collision
Two motorcyclists claim a vehicle driver caused an automobile accident that left them with severe injuries. Carolyn Triola and Kenneth Triola of Galveston County filed a lawsuit July 9 in the Galveston County District Court against Edward Anthony Wheeler, alleging vehicular negligence in a 2014 collision. According to the suit, on around Nov. 8, 2014, the Triola's were traveling eastbound on West Parkwood Avenue in a motorcycle when they were hit by a vehicle being operated by Wheeler who was
Overtime suit brought against Harte Hanks Response Management
An Arkansas woman is filing a suit alleging that a Texas headquartered company failed to pay for overtime compensation for hours worked in excess of 40 per workweek.
Texas SC to hear arguments on whether med-mal laws apply to autopsies
Come November, the Texas Supreme Court will hear oral arguments on whether a tort reform measure applies to a fraud claim brought by a woman alleging a health care provider misrepresented her husband’s autopsy.
Laura and John Arnold: Texas is taking assets unjustly
Most of us would be outraged by the idea that any government authority could take a person’s freedom or property without evidence or due process.
Tenant challenges “retaliatory” eviction from apartment complex
A Beaumont resident filed for a restraining order and request for injunction against a property management company for his allegedly unlawful pending eviction in 2015. Wingrove Robinson filed a complaint against Raintree Tower Apartments in Jefferson County District Court July 10, claiming unlawful property management procedure in July 2015.
Whiplashed passenger sues oncoming driver for $1M after violent rear-end crash
A Jefferson County resident is suing a Beaumont business and its owner alleging vehicular negligence in a 2013 highway collision. Benjamin Alvarado sued Richard Design Services Inc. and Arthur Ray Richard of Nederland in Jefferson County District Court June 19, claiming liability for damages in the August 2013 accident. According to the suit, both parties were traveling eastbound on State Highway 73 on August 9, 2013.
Child slips while climbing waterslide, parent sues Golden Nugget for lack of warning signs
A young child’s time at the swimming pool at a Louisiana casino almost three months ago has resulted in civil litigation. Fort Bend County resident Tiffany Rodriguez is suing Golden Nugget Lake Charles, LLC and Fertitta Entertainment, Inc. on behalf of J.R.
Texas AG Office investigating Planned Parenthood video over selling of baby parts
Texas Attorney General Ken Paxton announced his office has launched an investigation into Planned Parenthood following the publication of a video showing an official discussing the sale of baby body parts. The announcement came July 15, a day after anti-abortion activists released the video of Dr. Deborah Nucatola, PP’s senior director of medical services, discussing the value of aborted fetuses over lunch with activists posing as buyers for a biologics company.
Texas SC to decide whether Houston can create its own air quality agency
AUSTIN – Justices at the Supreme Court of Texas must decide whether Houston can enforce an ordinance creating its own air quality agency. The Justices plan to hear oral argument on Sept. 2, over a First District appellate court decision in the city’s favor. The city council passed an ordinance in 2007, requiring owners of facilities within the scope of state law to register with city health officers and pay fees. Sponsors promised to enforce the Texas Clean Air Act better than the state did.
NFL wants court costs slashed in suit over 2011 Super Bowl seats
In March, a Texas federal jury found in favor of a group of fans unhappy with their 2011 Super Bowl seats, awarding $75,850 in damages – an award $8,000 less than the plaintiffs attorneys court costs. On July 10 the NFL argued it was necessary for plaintiffs’ counsel to rack up more than $83,000 in costs on the single claim on which the prevailed, asking the trial court to deny costs all together or cut fees by 90 percent to reflect their minimal success.
Wal-Mart shopper faults company for PA store slip and fall
A Jefferson County resident filed a lawsuit against a Delaware-based retailer doing business in Texas over alleged premises negligence in 2014. Karen Kaiser filed a complaint against Wal-Mart Stores Texas LLC in Jefferson County District Court June 19, claiming liability in April 2014 when she supposedly slipped and fell on the defendant’s premises.
Motorist couple litigates against driver over failure to yield right of way
A Jefferson County couple filed a lawsuit against a Liberty County resident alleging negligence in a 2014 traffic accident which they claim left them with serious injuries. Patrice Leday and Albert Saunders filed a complaint against Winnefred Jackson of Dayton in Jefferson County District Court July 8, claiming liability in a November 2014 intersection collision.
Texas AG says RadioShack gift cardholders need voice in bankruptcy case
Attorney General Ken Paxton, who sued RadioShack over $43 million in unused gift cards, says buyers of those cards need a voice in the bankruptcy proceedings, according to a July 14 press release. In response to RadioShack’s motion to dismiss, Paxton said, “customers have the right to be provided notice of the bankruptcy case and should be given instructions to file a claim for their unredeemed gift cards.” “We have asked the bankruptcy judge to determine that these consumers are entitled to
Discovery ongoing in $1M suit over Applebee’s host stepping on customer’s foot
Discovery is still continuing to proceed in a suit brought by Carolyn Rhymes, who claims an Applebee’s host, while taking a step backwards, incidentally stepped on her foot, causing her to loose her balance and land on her butt. Seeking up to $1 million in damages, Rhymes filed suit against El Chico Restaurants of Arkansas on March 27 in Jefferson County District Court. Court records show El Chico answered the suit on April 13, asserting a general denial.