News from September 2017
Two fast operators saved by the bell
If they wanted to get Cracken, they should have got crackin' sooner.
That's the message a trial court delivered to plaintiffs when it granted summary judgment to defendants accused of stealing the identities of those plaintiffs and passing them off as clients in class action suits following the Gulf Oil Spill.
Man seeks damages after Nederland collision
BEAUMONT – A Nederland man alleges he was injured in a collision on East Lucas Street in Nederland when a driver failed to yield to the right of way.
Rice University alleged to have terminated adviser after FMLA request
HOUSTON – A former Rice University program adviser alleges she was terminated after requesting a medical leave.
Kyle's Towing and Recovery claims accident in Beaumont caused downtime for truck
BEAUMONT – A Jefferson County towing business is seeking damages from a Beaumont taxi service after a collision in Beaumont.
Superintendent alleges Dixon Services, others terminated him over overtime complaints
HOUSTON – A construction company is alleged to have terminated a superintendent in retaliation for his complaints about unpaid overtime wages.
Marina Bay Square alleges tenants' contract breach cost it thousands in unpaid rent
GALVESTON – A property owner claims that its tenants have abandoned the property and owe unpaid rent.
Man alleges Continental Resources Inc., Sierra Hamilton LLC owes unpaid wages
HOUSTON – A former drilling consultant for an independent oil producer alleges he was misclassified as an independent contractor and is owed unpaid wages.
A & A GenPro shareholder alleges money loaned was not used for projects as specified
HOUSTON – A minority shareholder alleges money he loaned to a Spring corporation was not paid back in full.
Woman sues T&T World Nail Supply after bottle of polish breaks in hand
BEAUMONT – Just about everyone has seen a film where a female actress complains about breaking a nail while escaping danger, but how many people can claim they’ve seen someone have a bottle of “dangerous” nail polish break and splinter into their hand while on the job?
Texas AG Paxton nails 3 companies with Harvey price gouging lawsuits
AUSTIN – On Sept. 13, Attorney General Ken Paxton filed lawsuits against three Texas businesses, accusing them of unlawful price gouging while consumers were in need of fuel, shelter and other essentials as a result of Hurricane Harvey.
Yahoo! ordered to pay $4.4 million after backing out of March Madness contest
NEW ORLEANS – U.S. Court of Appeals for the 5th Circuit Chief Judge Carl Stewart reversed a district court’s ruling in favor of Yahoo! Inc. and ordered the web service to pay $4.4 million for breach of contract.
Federal court enjoins SB4, Texas files appeal
AUSTIN – The state's Senate Bill 4 has caught the attention of immigration, legal, labor and public groups.
Justices reject appeal in Deepwater Horizon ID theft suit, Cracken Law keeps summary judgment win
HOUSTON – Last year, a lawsuit seeking an award of $100 million in exemplary damages was filed against Texas attorneys John Cracken and Bob Hilliard for allegedly using case runners to steal the identities of Vietnamese-Americans damaged by the 2010 Deepwater Horizon oil spill.
AG Paxton files suit against ‘reputation management’ company
AUSTIN – Attorney General Ken Paxton recently filed a petition with the Harris County District Court alleging that Solvera, an online reputation management company, violated the Texas Deceptive Trade Practices Act by abusing the legal system to deceive Harris County district court judges with its defamation lawsuits.
Our Living (That Is, Amendable) Constitution
Proponents of “living constitutionalism” or other non-originalist theories of constitutional law sometimes argue that our now 230-year-old Constitution wasn’t designed for current social conditions. Prevailing attitudes on a variety of subjects have changed dramatically since 1787, critics of originalism say. Judges must be allowed to augment or update the Constitution to keep it “relevant.”
Motorist seeks more than $200,000 in damages after Harris County collision
BEAUMONT – A Fort Bend County motorist has filed suit against a Beaumont man after a collision in Harris County.
Villas of Sunnyside tenant alleges lack of handrail in bathroom contributed to fall
BEAUMONT – A Jefferson County woman alleges that she was injured as a tenant at the Villas of Sunnyside senior living community.
Game warden alleges Texas Parks and Wildlife Department retaliated against him
HOUSTON – A game warden alleges he was retaliated against for filing a discrimination complaint.
Beneficiaries file suit against Farmers New World Life Insurance Co. over life insurance policy
GALVESTON – The beneficiaries of a life insurance policy allege that the insurance company misrepresented the policy's status.
Man names Spinetech Neurosurgery, others in suit alleging he was injured because of surgery
BEAUMONT – A Harden County man alleges that he has suffered severe, permanent and disabling injuries as the result of a surgery.