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5 new cases to know: Uber driver followed and shot, plus more

SOUTHEAST TEXAS RECORD

Thursday, November 28, 2024

5 new cases to know: Uber driver followed and shot, plus more

Lawsuits
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Attorney Anthony G. Buzbee of The Buzbee Law Form | The Buzbee Law Form

HOUSTON - A nightmare passenger for an Uber driver, a law firm's seven-figure fight and a Houston pharmacy taking on the DEA are among new lawsuits of note in Southeast Texas.

John Doe v. BBLQ PRMT San Antonio 1, d/b/a Bombshells San Antonio, et al.

Harris County District Court, Oct. 18

When the John Doe plaintiff showed up at Bombshells San Antonio to pick up his Uber passenger in December 2022, he saw an altercation with that person and another customer of the restaurant.

Security guards rushed his customer to his car rather than call 911 even though they "knew or should have known that the altercation would turn violent and police needed to intervene," the suit says, adding the restaurant knew 911 calls and crime reports at its address would be bad for its reputation.

When John Doe tried to drive away, the other person in the altercation got in his car and blocked him. That person got out of his car and demanded to know where the passenger was going, and John Doe said he couldn't tell him that.

Undeterred, the man followed John Doe after he drove away and pulled his vehicle next to John Doe's.

"(T)he patron began shooting at Plaintiff's vehicle, hitting both Plaintiff and Plaintiff's passenger with multiple bullets," the suit says.

Tony Buzbee is one of the lawyers representing John Doe.

Northside Pharmacy v. Drug Enforcement Agency

U.S. District Court for the Southern District of Texas, Oct. 16

In July, the DEA issued an immediate suspension of registration against Northside Pharmacy for allegedly posing "an imminent danger to public health or safety." Northside is challenging this in federal court, arguing constitutional violations.

Those allegations include an illegal structure of the DEA in which Administrative Law Judges biased toward the DEA handle disputes, and Fifth Amendment violations stemming from "an inherently unfair system that violates due process.

Northside said it wasn't given prior notice or the ability to challenge the DEA's findings that led to the suspension.

"Northside is now subject to an ongoing administrative proceeding in which the DEA serves as both prosecutor and adjudicator," the suit says.

Andrew Mustain v. City of Houston

U.S. District Court for the Southern District of Texas, Oct. 16

Mustain is a sergeant with the Houston Police Department who rose to the Midwest Crime Suppression Team and is suing over alleged civil rights violations. Mustain says in February 2022, Officer Curtis Varner went against a direct order and plan and placed himself, the MCST and a citizen in "great danger."

Varner, a Black man, was supposed to attend training classes but didn't, the suit says, and instead made claims of racism without factual support.

Eventually, Mustain hit Varner with an "untruthfulness" complaint after being told to do so by his commander. Mustain says following that, he was retaliated against. His job performance reviews were retroactively lowered, he was transferred out of his unit and he lost specialized pay and overtime opportunities, the suit says.

Mustain alleges Varner had an "angel" among the brass: Assistant Chief Yasir Bashir, who later rigged testing for another position so that Mustain would fail.

Lloyd & Mousilli v. Lema Barazi, Texas Nexus Law Group and JPMorgan Chase

Harris County District Court, Oct. 18

Lloyd & Mousilli, an intellectual property law firm, is suing for more than $1 million over a legal services contract with Barazi and her Texas Nexus Law Group.

The suit says Barazi was an authorized signatory on its Chase Bank account but had that revoked on Sept. 6, 2024. The bank was told this, it adds.

"On Oct. 16, 2024, despite this written revocation, Defendant Chase Bank allowed an unauthorized withdrawal of $75,000 to Defendant Barazi," the suit says.

The suit charges Chase with violations of the Texas Deceptive Trade Practices Act.

Stephen Alvarez v. City of Pasadena, et al.

U.S. District Court for the Southern District of Texas, Oct. 18

Alvarez is a Hispanic man who says Pasadena has a long history of discrimination against minorities that includes his legal disputes over an addition to his and his wife's home.

Alvarez attends City Council meetings to speak when the floor is opened to the public, but the concerns he voices have "raised the ire" of Mayor Jeff Wagner and other city officials.

Three examples of retaliation that are alleged:

*  Alvarez being cut off by Wagner at an October 2022 meeting that led to armed officers escorting him out of chambers;

* Pasadena seeking civil and contempt charges against him and his wife after they thought their dispute over deed restrictions had been settled; and

* This October, he called the mayor "Little Jeff" at a City Council meeting and was arrested. 

He was charged with a Class B misdemeanor, which was "unwarranted," the suit says. The penalty for violation of the rules of decorum is a year-long bar from being allowed to speak.

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