News from 2015
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.
Motorist sues livestock owner over cattle wandering on road
A Mississippi resident filed suit against a Texan claiming negligence in a 2014 collision resulting from the defendant’s purported inability to control his wandering livestock in Jefferson County. Christopher Carr of Magnolia, MS filed a complaint against Michael Lanny of Vidor, TX, in Jefferson County District Court July 1, claiming liability in a June 2014 highway mishap caused by free roaming cows. According to the suit, the defendant breached his duty to control his livestock when several
Victim of three-car accident sues driver alleging negligence
A League City resident filed a lawsuit against a Harris County man for alleged vehicular negligence in a 2013 rear-end collision in Friendswood, purportedly causing personal injury and property damage to the plaintiff. Amy Rader sued Giovanni Martinez of Pearland in Galveston County District Court July 6, claiming liability in July 2013 According to the suit, Rader was operating her motor vehicle northbound on or about July 9, 2013 in the right lane of traffic in the 1500 block of Winding Way
Rear-end collision sufferer sues driver over damages
A Hardin County resident filed a lawsuit against a driver claiming legal debt in the aftermath of a 2014 motor vehicle mishap. Celenda Peppenhorst of Kountze filed a complaint against Chelsye Tyler of Silsbee in Jefferson County District Court July 1, claiming liability in a November 2014 accident which she avers left her with permanent injuries to her neck and body. According to the suit, Peppenhorst was a passenger in a vehicle headed northbound on Eastex Freeway in Beaumont on or about Nov.
Study by pro-reform group predicts record-setting year for patent infringement lawsuits
Unified Patents data shows, based on first six months of filings, that infringement lawsuits could surpass 6,000 mark in 2015
Abbott ceremonially signs pro-life judicial bypass reform
“Lawmakers made significant strides to further protect innocent life and ensure the health and safety of mothers across Texas with this bill,” said Gov. Greg Abbott.
Abbott appoints Houston attorney to 61st District Court
On July 8 Gov. Greg Abbott appointed Houston attorney Erin Lunceford as judge of the 61st Judicial District Court in Harris County. Lunceford, a managing shareholder at Sprott, Newsom, Lunceford, Quattlebaum & Messenger, has worked on many cases litigated in Beaumont against Christus Health Southeast Texas, as reported by the Record. Her term is set to expire at the next general election in November 2016.
Foremost Lloyds sues Lowe’s after insured suffers water damage
An insurance company is suing two businesses, seeking to recover monies paid to an insured after his water heater connector discharged water in his Groves residence. Seeking no more than $100,000 in damages, Foremost Lloyds of Texas, as subrogee of Paul Perkinz, filed suit against Lowe’s Home Centers and Watts Regulator Co. on July 2 in Jefferson County District Court.
Medical Center of Southeast Texas non-suited from wrongful death claim
Several health care providers have been non-suited from litigation brought by the family of a Jefferson County man whose death was allegedly caused by pressure ulcers sustained in a hospital.
Discovery ongoing in boating injury suit
Discovery is still ongoing in a suit brought by a Jefferson County man who claims he was injured in a boating accident.
Partial abatement granted in insurance suit against Progressive
A Beaumont judge recently granted an insurance company’s motion to partially abate a lawsuit alleging the insurer failed to honor its contractual obligations.
Judge axes $532M IP verdict against Apple, orders new trial on damages
On July 2 a federal judge declined to triple a $532,900,000 jury verdict against Apple for patent infringement.