News from October 2017
Paxton joins bipartisan coalition seeking to preserve states’ oversight of student loan industry
AUSTIN – Joining a bipartisan coalition of 25 states, Attorney General Ken Paxton on Oct. 24 called on U.S. Secretary of Education Betsy DeVos to reject a campaign by student loan servicers and debt collectors to dismantle state oversight of the student loan industry.
Texas AG leads 10-state coalition supporting Trump’s latest immigration order
AUSTIN – Leading a coalition of 10 states, on Oct. 24 Attorney General Ken Paxton filed an amicus brief with the U.S. Court of Appeals for the 4th Circuit supporting the Trump administration’s motion for a stay of a ruling blocking the latest travel ban.
You're either a Texas company or not
There are people who've grown up in Port Arthur, Beaumont, or Corpus Christi and never been outside of southeast Texas, but most of us have traveled more widely, venturing into Louisiana, Arkansas, Oklahoma, and New Mexico, if not all across the continental United States and beyond.
Pennsylvania consumer sues debt collector
HOUSTON — A Pennsylvania resident is suing LTD Financial Services LP, a debt collector, citing alleged deceptive debt collection practices.
Chevron USA, plaintiff bring motion for dismissal in asbestos lawsuit
BEAUMONT – Chevron USA and the plaintiff that sued the company recently filed a joint motion for dismissal in an asbestos lawsuit brought in Jefferson County District Court.
Joint motion for dismissal filed in asbestos lawsuit
BEAUMONT – A joint motion for dismissal was recently filed in an asbestos lawsuit filed in Jefferson County District Court.
Motion for contempt filed in wrongful death suit
BEAUMONT – A motion for contempt was recently filed a wrongful death lawsuit.
Robert Bork’s Second Amendment
Readers of Law and Liberty may have noticed that I am a fan of Justice Antonin Scalia (for example, here and here). I am also an admirer of Robert H. Bork, whom my colleague John McGinnis has described as “the most important legal scholar on the right in the last 50 years.” Bork was a pioneer in both the field of antitrust law (with his influential 1978 book The Antitrust Paradox) and constitutional law, as the father of what we now call “originalism.” In his seminal 1971 article in the Indiana Law Journal, entitled “Neutral Principles and Some First Amendment Problems,”[1] and in his later best-selling books, The Tempting of America (1990) and Slouching Towards Gomorrah (1996), Bork eviscerated the “noninterpretive” theories of constitutional law that dominated the legal academy in the 1960s and 1970s.
Texas court finds dry eye medicine patents not extendable under Native American tribe
MARSHALL – A federal judge on Oct. 16 ruled that patents for a medicinal product to alleviate a condition called dry eye were invalid after Allergan, a global pharmaceuticals company, attempted to extend the patents by transferring them to a Native American tribe in upstate New York.
Doing business and paying taxes in Texas does not create Texas jurisdiction over out-of-state companies, appeals court says
HOUSTON – A non-Texas company may seek out and do business with Texas companies and pay Texas taxes but that isn't enough for that company to fall under the jurisdiction of Texas courts, according to a recent opinion from a state appeals court.
Hearing to dismiss set in bullying lawsuit against Galveston private school
GALVESTON – A hearing is scheduled in a lawsuit accusing a local private school of preventing bullying, according to recent Galveston County District Court records.
Seafood eatery implicated in pedestrian's drunk driving case
HOUSTON – A seafood restaurant is blamed for a single-vehicle accident reportedly caused by a drunk driver.
Subway customer alleges fight between employee, unknown woman injured her
GALVESTON – An alleged altercation at a Galveston Subway restaurant last year has prompted a local woman to initiate legal action.
Recent patent infringement cases filed in the Eastern District of Texas
MARSHALL DIVISION Oct. 12 CLEAN ENERGY MANAGEMENT SOLUTIONS LLC V. PROTECT AMERICA, INC. 2:17-cv-00694-RWS-RSP
Boat rider sues over collision in waters near Texas-Louisiana border
GALVESTON – A Harris County woman claims she was hurt during a boat ride last year and has filed a lawsuit, according to recent Galveston County District Court records.
Kitesurfing accident causes Harris Co. man to file lawsuit against equipment manufacturer
GALVESTON – Alleging he sustained injuries on the beach in Texas City last year due to a defective piece of kitesurfing equipment, Harris County resident Filip Crabbs has pursued legal action.
Texas AG reaches $120M settlement with GM over defective ignition switch
AUSTIN – On Oct. 19, Attorney General Ken Paxton announced a $120 million multi-state settlement with General Motors Company over allegations GM concealed safety issues related to ignition-switch-related defects in GM vehicles.
Condominium owners did not follow advice to increase insurance prior to fire, lose appeal against property manager
GALVESTON – A property management company whose advice went unheeded when recommending condominium owners up their insurance is not liable because coverage was insufficient following a fire at the complex, according to Texas’ First Court of Appeals.
Client claims attorney misrepresented her in car wreck case
HOUSTON – Houston attorney Jim Doyle, II and his law firm face a lawsuit from a client who claims they did not prosecute her motor vehicle accident case.
Jefferson County 136th District Court Docket: November 2017
ROBERT DOUCET ET AL vs. AMOCO CHEMICAL COMPANY ET AL