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SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

Federal Court News

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Federal Court

Woman's lawsuit over tiny bump in Walmart parking lot tossed

By John O'Brien |
HOUSTON - Walmart has defeated a trip-and-fall lawsuit brought against it in Houston, as a federal judge there has found small irregularities in parking lots like the one at issue are not unreasonably dangerous.

Federal Court

Judge touts public interest in refusing to seal FLSA settlement

By John O'Brien |
GALVESTON - A Texas judge won't keep secret a settlement between a man and Professional Sprinklers LLC in a case that alleges labor code violations.

Federal Court

AG Paxton makes plea to preserve investigative powers called unconstitutional

By John O'Brien |
AUSTIN - Texas Attorney General Ken Paxton is defending what he says is his right to examine the books of a company that makes parts for Boeing, as he faces a possible ruling saying otherwise.

Federal Court

School bus driver who wouldn't ride with gay man loses lawsuit

By John O'Brien |
GALVESTON - A Texas City school bus driver who says he was fired for refusing to ride in a car with a gay man has lost his second lawsuit, thanks to his timing being off.

Federal Court

Legally blind teacher not qualified for job, judge says in discrimination case

By John O'Brien |
GALVESTON - A legally blind teacher is appealing her loss in a lawsuit against the Galveston Independent School District, which allegedly reneged on hiring her rather than accommodate her disability.

Federal Court

EEOC settling case against Katy facility over nurse's sleep schedule

By John O'Brien |
HOUSTON - A Katy rehabilitation and assisted living facility appears to have resolved claims it fired a nurse over her sleep disorder.

Federal Court

Appeal: Student punished for dreadlocks hopes to overturn ruling

By John O'Brien |
GALVESTON - The high school student sentenced to a year-long detention because his dreadlocks are too long is appealing his recent court loss.

Federal Court

High school senior punished for dreadlocks can't block Barbers Hill hair-length policy

By John O'Brien |
GALVESTON - A high school student who spent an entire year in detention because his hair is too long has failed to obtain a court ruling that would get him out.

Federal Court

Group of AGs back Texas fight against Biden’s parole-in-place policy

By Chris Dickerson |
A group of attorneys general have filed an amicus brief supporting Texas’ bid for a preliminary injunction of the Biden administration’s so-called Parole-in-Place Policy for undocumented immigrants.

Federal Court

Manufacturer for Boeing 737s close to blocking AG Paxton's investigation

By John O'Brien |
AUSTIN - A federal magistrate judge has recommended Texas Attorney General Ken Paxton's attempt to investigate a company that builds fuselages used in Boeing 737s be blocked.

Federal Court

Ex-Methodist Hospital employees’ class action over COVID vax loses federal counts, and is remanded to state court

By Nicholas Malfitano |
HOUSTON – A federal judge has dismissed all federal claims and remanded state-law claims to their court of origin, in a class action suit brought by over 100 plaintiffs against Methodist Hospital due to the institution terminating them for refusing the COVID-19 vaccine and thus violating mandatory inoculation policies.

Federal Court

Harris County sheriff’s deputy who shot 911 caller’s father, is denied summary judgment dismissal

By Nicholas Malfitano |
HOUSTON – A federal judge has denied a motion for summary judgment from a Harris County sheriff’s deputy, one accused of excessive force by a man the deputy shot in the left leg, the father of a woman who had just called 911 – an event the deputy contended was accidental.

Federal Court

Texas group assisting Iowa farmer in challenging USDA-related “Swampbuster” statute

By Nicholas Malfitano |
AUSTIN – A Texas-based nonprofit group is one of two entities seeking judgment on the pleadings in their challenge to a federal law that they argue unconstitutionally takes farmers’ property without compensation.

Federal Court

Emergency room has another chance to plead breach of contract against Blue Cross and Blue Shield

By Nicholas Malfitano |
HOUSTON – A federal judge has dismissed without prejudice breach of an implied contract claims, within an insurance dispute pitting a Harris County emergency room system versus the state’s Blue Cross and Blue Shield entity.

Federal Court

Judge: Defendant’s delayed response to excessive force case, prejudiced the plaintiff

By Nicholas Malfitano |
HOUSTON – A federal judge has determined that a plaintiff who alleged excessive force was imposed upon him while he was incarcerated at the Texas Department of Criminal Justice in 2016, was prejudiced due to the delayed response of one of the named defendants in the case.

Federal Court

Federal judge dismisses pre-trial detainee’s policy claims against Harris County and law enforcement

By Nicholas Malfitano |
HOUSTON – A federal court has granted the dismissal of claims brought by a pre-trial detainee against Harris County and various law enforcement officers and inmates, where the plaintiff had alleged he was assaulted while in custody and the defendants failed to prevent and intervene in the assault.

Federal Court

Texas court dismisses delivery worker’s personal injury claims against Schindler Elevator Corporation

By Nicholas Malfitano |
HOUSTON – A federal court has granted the dismissal of claims brought by a package delivery worker against the manufacturer of an elevator whose alleged malfunction caused injuries to the plaintiff more than three years ago.

Federal Court

Deputy who shot and killed troubled man in Greenspoint loses bid for backpay

By John O'Brien |
HOUSTON - A former deputy sheriff waited too long to sue Harris County for shortchanging him on backpay, following the 2018 fatal shooting of a man whose wife had drowned two of their children.