News from April 2018
1st District Court of Appeals denies motion for sanctions in mailing of CCEMS classified documents case
HOUSTON – The 1st District Court of Appeals affirmed a decision by the 165th District Court in Harris County to dismiss Wayne Dolcefino and Wayne Dolcefino Consulting's motion for sanctions against Cypress Creek EMS (CCEMS) after the trial court granted a summary judgment on conversion in favor of the consulting firm.
Woman alleges DIG TPW failed to warn of slippery floor
HOUSTON – A Fort Bend County woman alleges she was injured at a Houston building because of the condition of the lobby floor.
Female heavy equipment operator alleges Triple P.G. Sand Development paid her less than male counterparts
HOUSTON – A Cleveland, Texas resident alleges her Porter employer failed to pay her at the same rate as her male counterparts.
JC jury awards plaintiff $1.1M in fatal wreck suit, defendant driver was allegedly intoxicated
BEAUMONT – A Jefferson County jury was awarded $1.1 million in damages to a Hardin County woman, who lost her husband when an alleged drunk driver struck and killed her husband as he changed a tire.
Court papers accuse Sweeny PD of applying excessive force on plaintiff
GALVESTON – The City of Sweeny and its police department are accused in a federal lawsuit of using excessive force on a male suspect, per recent Galveston Division of the Southern District of Texas records.
AdjustaCam ordered to pay Newegg nearly $550,000 in 'exceptional' patent case
TYLER – The Tyler Division of the Eastern District of Texas has ordered AdjustaCam LLC to pay Newegg $546,865.85 in attorneys’ fees and expenses, ending a suit filed in 2010 against it and 55 other defendants.
Ruling upheld in 'death penalty' sanctions case involving East African Drilling
HOUSTON – A panel of judges has affirmed a 215th District Court’s decision regarding "death penalty" sanctions rendered against a drilling company.
Ninth Court dismisses inmate's negligence suit against Texas Department of Criminal Justice
BEAUMONT – The Court of Appeals for the 9th District of Texas at Beaumont panel of judges has reversed an 88th District Court’s decision that favored a Texas inmate injured in prison.
Woman alleges Sodexo Operations left puddle of floor wax that caused fall
HOUSTON – A registered nurse alleges she needed multiple treatments for injuries after she fell because of floor wax.
Former Greenwood Hall employees allege Bryan location closed without warning
HOUSTON – Several Brazos County residents allege their call center employer closed without warning and that they are still owed unpaid wages.
Cheryl K LLC employee alleges unseaworthy vessel caused injuries
HOUSTON – A Liberty County man alleges he is owed more than $1 million in monetary relief after he was injured while working as a deckhand.
Townhome owners allege Delaney's Roofing & Restoration poorly installed roof
HOUSTON – The owners of a townhome allege a contractor hired by the townhome association to replace the roof poorly installed it.
Texas Rural Water Association employee alleges he is owed unpaid wages
TYLER – An assistance specialist has filed a class-action lawsuit against his employer over allegations he is owed unpaid wages.
Paxton files brief with U.S. Supreme Court in support of travel ban
AUSTIN – Attorney General Ken Paxton has filed a friend-of-the-court brief signed by other state attorneys general with the U.S. Supreme Court in regards to President Donald Trump's travel ban.
County officials just say no to opioid lawsuits
Remember how self-styled sophisticates howled with laughter when First Lady Nancy Reagan introduced the new slogan for the “War on Drugs” effort back in the 1980s?
New study says rights of Texans being violated, SC allowing guardianship system to violate ADA
AUSTIN - A new study by the Spectrum Institute has determined that the Supreme Court of Texas is allowing the adult guardianship system throughout the to operate in violation of the mandates of the ADA and Section 504.
Flaming dump truck results in suit against Beaumont
BEAUMONT – The city of Beaumont is being sued by an employee claiming he was injured when a dump truck caught fire two years ago.
A Triumph of Textual Analysis: The Texas Supreme Court Tackles the Issue of “Same-Sex” Sexual Harassment
Texas’s employment discrimination statute (the Texas Commission on Human Rights Act, codified in the Texas Labor Code at section 21.001 et seq.), like its federal counterpart (Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq.), prohibits discrimination on the basis of enumerated characteristics, including “sex.” Accordingly, an employer is forbidden to treat an applicant or employee differently because of that person’s sex. Without a sex-based nexus, the employer’s conduct may be rude, unfair, obnoxious, boorish, or insensitive, but will not constitute illegal sex discrimination.
Subsidiarity, Federalism, and the Role of the State
The principle of subsidiarity—the belief that decision-making should occur at the lowest level appropriate to its purpose—is a staple of conservative thought. In fact, it is sometimes asserted that subsidiarity “is a bulwark of limited government and personal freedom.” In general, local control is usually preferable to a decision-making process based on larger political units, in which the responsible officials are far-removed from the affected population. Local government officials are typically more responsive to individual citizens than are federal officials; local decision-making enables regional preferences and variations in lieu of stultifying uniformity; and voters can more easily replace an unresponsive local elected official than his state or federal counterparts.
Man alleges he was terminated by Tyson Foods because of disability
SHERMAN – A Grayson County man alleges he was discriminated against at a Sherman facility because of a disability.