News published on Southeast Texas Record in March 2017

Last October, the U.S. Supreme Court affirmed the reversal of a $32 million settlement against Domino's pizza chain won by former Provost Umphrey (PU) attorney Paul Ferguson Jr.

DALLAS – Since 2012, hundreds to thousands of lawsuits are filed after every hailstorm strike within the state of Texas, naming countless insurers, agents and adjusters as defendants.

THEODORE CALVIN V. TIM HEBERT

March 17 - March 23 License #:9005 Assumed Name:EDUARDO T O LANDSCAPING Address:2079 ROY AVENUE, GROVES, TX 77619 Owner Name:OCEGUERA EDUARDO License #:9023 Assumed Name:B & KS SMALL APPLIANCE REPAIR & HANDYMAN SERVICES Address:3338 30TH ST, PORT ARTHUR, TX 77642 Owner Name:KEAL MICHAEL License #:9038 Assumed Name:

MARSHALL – A jury in the Marshall Division of the Eastern District of Texas on March 10 awarded Whirlpool Corp. $7.6 million in damages, ruling that TST Water LLC infringed on the company’s patent for refrigerator water filters.

AUSTIN – Attorney General Ken Paxton is throwing support to the president’s immigration order.

AUSTIN – Dale Wainwright, an attorney and judge who formerly served as a justice on the Supreme Court of Texas, has switched gears in his career.

TEXARKANA DIVISION Mar. 23 KALDREN LLC V. CITIGROUP, INC. 5:17-cv-00066-RWS-CMC

HOUSTON – A Houston area pizzeria faces a sexual harassment lawsuit from a female employee, per recent Houston federal court records.

GALVESTON – Recent Galveston federal court records show that the Southern District of Texas is overseeing a lawsuit accusing 24 Hour Fitness USA, Inc. of terminating a man’s membership over a personal matter with one of its employees.

In a prior post, I discussed the Pidgeon v. Turner case, now pending before the Texas Supreme Court, involving a taxpayer challenge to same-sex spousal benefits.  Oral argument was held on March 1. The taxpayers challenging the city of Houston’s policy of granting same-sex spousal benefits to city employees were represented at oral argument by Jonathan Mitchell, a former Scalia clerk, former Texas solicitor general, and now a visiting professor at Stanford law school. The city of Houston was represented by Douglas Alexander, a leading appellate practitioner in an Austin law firm whose partners include former Texas Chief Justice Wallace Jefferson. The oral argument was superb, and both counsel fielded numerous questions from the fully-engaged justices.

AUSTIN –On March 23, Attorney General Ken Paxton praised a ruling by the 5th U.S.

Oklahoma resident accuses employer and driver of negligenceTYLER — A motorist is suing Werner Enterprises Inc. and Alfred D.

BEAUMONT – Justices on the Ninth Court of Appeals have determined the Port of Beaumont Navigation District of Jefferson County has governmental immunity from an injury suit, dismissing most of the claims but allowing the plaintiff to re-plead one.

GALVESTON — A chemical decontamination company is suing a former employee who, after resigning, allegedly violated a non-compete agreement and misappropriating the employer's proprietary information.

HOUSTON — A former technician at a car audio and security systems store is suing his former employers, alleging he's owed unpaid wages and overtime pay.

SHERMAN — Colony Insurance Co. filed a lawsuit seeking a court ruling that any judgment resulting from claims brought against one of its policyholders can't be covered by insurance.

HOUSTON – A Montgomery County Justice of the Peace is accused of violating three individuals’ First Amendment rights by implementing a courtroom prayer practice, according to a federal lawsuit filed in Houston on Mar. 21.

GALVESTON – Two maritime businesses have pursued legal action in response to a 2014 oil spill in Galveston Bay, recent Galveston federal court records show.

BEAUMONT – The Provost Umphrey Law Firm wants a defamation lawsuit brought by a former firm attorney out of the courts and in the office of an arbitrator.