News from July 2017
Auto collision suit settles before trial
BEAUMONT – An automobile collision suit called up for trial settled before a jury could be selected, according to a Jefferson County courthouse official.
Slated for trial: Dram shop suit brought over death of Nederland teen Kristen Paris
BEAUMONT - A dram shop suit brought on behalf of Kristen Paris, the Nederland teen who was killed by a drunk driver three years ago, has been set for trial in September.
Julia Roberts will not star in this film
Lots of big-name attorneys rate citations and even dedicated pages on wikipedia, but how many paralegals are renowned enough to warrant wiki fame?
Plaintiffs in texting while driving suit against Apple submit brief to stave off dismissal
TYLER – A federal lawsuit filed two years ago in response to 2013 motor vehicle collision that claimed the lives of two women and paralyzed a cancer survivor appears no closer to a conclusion as the plaintiffs attempt to avert the case’s dismissal.
Man claims he was fired after hand was cut by sushi knife at Sushi Coast
HOUSTON – A Harris County man alleges that he has been unable to find gainful employment due to a hand injury he sustained while working for a Webster sushi restaurant.
Houston Foam Plastics alleges former employee sent confidential information to email account without permission
HOUSTON – An El Paso man is accused of unlawfully emailing his former employer's confidential information to his personal email account.
Woman alleges she was injured because of slick tile at Beaumont Cinemark location
BEAUMONT – A Jefferson County woman alleges that she was injured at a Beaumont movie theater because of flooring conditions.
Man alleges he was not paid overtime while employed by Magnolia ranch
HOUSTON – A former ranch hand for an equestrian facility in Magnolia has filed a class-action lawsuit against its owners and operators over allegations that he was improperly classified as an independent contractor and that he was not paid the correct overtime rate.
FleetPride Inc. alleges former employee shared confidential information with competitor TruckPro
OUSTON – One of the top distributors of heavy duty truck and trailer parts in the United States filed suit against one of its former employees and top competitor and was asking for a temporary restraining order against the defendants.
Dallas federal court orders One Technologies credit report case to arbitration
DALLAS – The Dallas Division of the Northern District of Texas has granted a motion to compel arbitration and to dismiss a case regarding a free credit report with prejudice.
Man alleges he was electrocuted on Constructability project
HOUSTON – A Harris County man alleges he was injured on a construction project because of exposed wires.
Former employee claims Concho Resources failed to pay overtime wages
HOUSTON – An oilfield worker alleges his former employer failed to pay him and other workers overtime pay.
Former Walmart employee alleges discrimination because of epilepsy
HOUSTON – A San Antonio woman claims that she was terminated from her job because of her disability.
District Courts Disagree on Venue-Waiver Issues After TC Heartland
At the end of May this year, the Supreme Court unanimously clarified the law on venue in patent infringement lawsuits (see here). For 27 years, litigants had relied on a Federal Circuit decision, VE Holding Corp. v. Johnson Gas Appliance Co. (1990), that allowed patent owners to file suit virtually anywhere an infringing product was sold. In TC Heartland v. Kraft Foods Group Brands, the Supreme Court limited venue, and district courts are reaching different conclusions about whether litigants have waived venue arguments by not asserting them before TC Heartland.
Recent patent infringement cases filed in the Eastern District of Texas
MARSHALL DIVISION July 20 HIGHER POWER HYDRAULIC DOORS, LLC V. THE DALNOR GROUP, INC. 2:17-cv-00546-JRG
Jefferson County 136th District Court Docket: August 2017 Part II
SANTA FE AUTO INSURANCE COMPANY, ATTY. MICHELLE L BREWER vs. JOSEPH W SIAS, NO COUNSEL
On appeal: Harbor Hospice summary judgment win
BEAUMONT - A Jefferson County investor is appealing a summary judgment ruling against him in a piece of complex litigation that originally alleged his financial interest in dozens of companies had been fraudulently managed.
Americans with Disabilities Act: An Epic Tragedy of Good Intentions
Looking back at the Americans with Disabilities Act, passed by Congress in 1990[1], one has to be struck by the extent to which the ADA’s lofty sentiments have been overwhelmed by its adverse results. If it’s true that the road to hell is paved with good intentions, then the ADA is a veritable Autobahn of wishful thinking gone awry. Yet no one seems inclined to reroute the ill-fated traffic; some states are even widening the highway with additional lanes.
Educator with muscular dystrophy sues UNT, claims school used illness to deny her interview for higher position
SHERMAN – A former music educator with the University of North Texas brought a federal lawsuit against the school for allegedly discriminating against her because she suffers from symptoms of muscular dystrophy.
Man sues 24 Hour Fitness after piece of equipment inflicts spinal cord injury
HOUSTON – A fitness center chain is faulted for a member’s quadriplegia.