LexisNexis® Legal Newsroom
Mealey's Insurance - Judge Remands Insured's Fraud Lawsuit Over Denied Hailstorm Damage Claims

CORPUS CHRISTI, Texas - A Texas federal judge on June 16 remanded an insured's fraud lawsuit against his homeowners insurer and insurance adjusters regarding denied coverage for hailstorm damage claims (Michael Garza v. Scottsdale Insurance Co., et al., No. 15-149, S.D. Texas; 2015 U.S. Dist. LEXIS 77525).

Mealey's IP/Tech - 5th Circuit Affirms Attorney Fee Award Under Copyright Act

NEW ORLEANS - Finding no abuse of discretion in a Texas federal judge's decision to award two copyright infringement defendants their attorney fees, the Fifth Circuit U.S. Court of Appeals on June 15 affirmed (Marshall Hunn v. Dan Wilson Homes Inc. et al., Nos. 13-11297, 14-10365, 5th Cir.; 2015 U.S. App. LEXIS 10061).

Mealey's Insurance - Homeowners Raise Fact Issues In Inverse Condemnation Suit, Texas Majority Affirms

AUSTIN, Texas - A majority of the Texas Supreme Court held June 12 that homeowners in the upper White Oak Bayou watershed area of Texas have demonstrated that a fact question exists as to whether the government entities were substantially certain that their actions in approving new upstream development without properly mitigating it would cause their homes to flood, affirming a lower court's ruling that fact issues preclude summary judgment in an inverse condemnation lawsuit (Harris County Flood Control District and Harris County, Texas v. Edward A. and Norma Kerr, et al., No. 13-0303, Texas Sup.; 2015 Tex. LEXIS 545).

Mealey's Insurance - Judge: Doctor's Alleged Sexual Misconduct Does Not Constitute Professional Service

DALLAS - A patient's underlying allegations of assault and nonconsensual sex against her primary care physician do not relate to his rendering of professional services under a professional liability insurance policy, Texas federal judge held June 10, granting the insurer's motion for summary judgment in a declaratory judgment lawsuit (The Medical Protective Co. v. David L. Turner, et al., No. 15-0366, N.D. Texas; 2015 U.S. Dist. LEXIS 75390).

Mealey's Banking & Finance - 5th Circuit Finds Bank Violated Texas Financial Code, Affirms Jury Verdict

CORPUS CHRISTI, Texas - After finding that a bank violated the Texas Financial Code in relation to the attempted foreclosure of a property, a Fifth Circuit U.S. Court of Appeals majority on June 10 partially affirmed a jury's verdict for the payees of the mortgage loan (David McCaig, et al. v. Wells Fargo Bank, No. 14-40114, 5th Cir.; 2015 U.S. App. LEXIS 9666).

Mealey's Litigation Procedure - Texas Panel Rejects Insurer's Objection To Discovery Requests In Hailstorm Dispute

EDINBURG, Texas - A Texas appeals panel on May 29 denied an insurer's petition for writ of mandamus challenging a lower court's order requiring it to produce 15 categories of management reports and associated emails that are in response to specific requests for production pertaining to the hail litigation (In Re National Lloyds Insurance Co., Nos. 13-14-00713 and 13-14-00714, Texas App., 13th Dist.; 2015 Tex. App. LEXIS 5509).

Mealey's Insurance - Texas Panel Rejects Insurer's Objection To Discovery Requests In Hailstorm Dispute

EDINBURG, Texas - A Texas appeals panel on May 29 denied an insurer's petition for writ of mandamus challenging a lower court's order requiring it to produce 15 categories of management reports and associated emails that are in response to specific requests for production pertaining to the hail litigation (In Re National Lloyds Insurance Co., Nos. 13-14-00713 and 13-14-00714, Texas App., 13th Dist.; 2015 Tex. App. LEXIS 5509).

Mealey's IP/Tech - Federal Judge Says Patent Claims Ineligible Subject Matter

MARSHALL, Texas - Allegations that a defendant infringed a patented method and system for providing incentive awards programs over a computer network were rejected on summary judgment on May 29 (Kroy IP Holdings LLC v. Safeway Inc., No. 12-800, E.D. Texas; 2015 U.S. Dist. LEXIS 69363).

Mealey's Bankruptcy - Insolvent Insurer's Receiver Asks For Approval Of $15M Asbestos Settlement

AUSTIN, Texas - The special deputy receiver of an insolvent insurer asked a Texas court on May 26 to approve the $15 million settlement of certain asbestos related bodily injury claims (State of Texas v. Highlands Insurance Company, No. D-1-GV-03-004537, Texas, 53rd Dist., Travis Co.).

Mealey's Insurance - Insolvent Insurer's Receiver Asks For Approval Of $15M Asbestos Settlement

AUSTIN, Texas - The special deputy receiver of an insolvent insurer asked a Texas court on May 26 to approve the $15 million settlement of certain asbestos related bodily injury claims (State of Texas v. Highlands Insurance Company, No. D-1-GV-03-004537, Texas, 53rd Dist., Travis Co.).

Mealey's Toxic Tort/Environmental - Texas Asbestos Trust Disclosure Bill Heads To Governor For Signing

AUSTIN, Texas - The Texas Senate on May 22 overwhelmingly adopted a bill that would force asbestos and silica personal injury claimants to file any claims they have with bankruptcy trusts before a trial could proceed on their tort system claims.

Mealey's Bankruptcy - Texas Asbestos Trust Disclosure Bill Heads To Governor For Signing

AUSTIN, Texas - The Texas Senate on May 22 overwhelmingly adopted a bill that would force asbestos and silica personal injury claimants to file any claims they have with bankruptcy trusts before a trial could proceed on their tort system claims.

Mealey's Labor & Employment - 4th Circuit: McDonnell Douglas Analysis For Retaliation Claims Remains Undisturbed

RICHMOND, Va. - The U.S. Supreme Court's ruling in University of Texas Southwestern Medical Center v. Nassar (133 S. Ct. 2517 [2013]) did not alter the analysis for retaliation claims established in McDonnell Douglas Corp. v. Green (411 U.S. 792 [1973]), the Fourth Circuit U.S. Court of Appeals ruled May 21 (Iris Foster v. University of Maryland-Eastern Shore, No. 14-1073, 4th Cir.; 2015 U.S. App. LEXIS 8384).

Mealey's PI/Product Liability - Texas Appeals Court Finds Evidence Supported Judgment In Favor Of Roofer

HOUSTON - A Texas appeals panel on May 21 upheld a trial court judge's decision to award a take-nothing judgment in favor of a roofer who was hired by a contracting organization to repair a woman's roof, ruling that the woman did not present any evidence that she sustained damages as a result of the roofer's allegedly negligent work (Alice M. Jones v. Antonio Murillo, et al., No. 14-13-00928-CV, Texas App., 14th Dist.; 2015 Texas App. LEXIS 5169).

Mealey's Labor & Employment - Texas Federal Judge Denies Motion To Decertify Account Managers In Wage Suit

MARSHALL, Texas - A Texas federal judge on May 18 denied an employer's motion to decertify a class of account managers alleging that, based on their duties, they were misclassified as ineligible to receive overtime pay (Sandra Kelly, et al. v. Healthcare Services Group, Inc., No. 13-441, E.D. Texas; 2015 U.S. Dist. LEXIS 64258).

Mealey's Bankruptcy - Plaintiffs Tell Federal Court Claims Against GM Are Not Barred By Bankruptcy Order

HOUSTON - A group of 29 owners of cars manufactured by General Motors LLC (New GM) filed suit in federal court in Texas May 19, asserting personal injury and/or wrongful death claims stemming from accidents linked to defects in their cars, including ignition-switch defects (Dana Danley, et al. v. General Motors LLC, No. 15-01354, S.D. Texas).

Mealey's Litigation Procedure - Texas Federal Judge Denies Motion To Decertify Account Managers In Wage Suit

MARSHALL, Texas - A Texas federal judge on May 18 denied an employer's motion to decertify a class of account managers alleging that, based on their duties, they were misclassified as ineligible to receive overtime pay (Sandra Kelly, et al. v. Healthcare Services Group, Inc., No. 13-441, E.D. Texas; 2015 U.S. Dist. LEXIS 64258).

Mealey's PI/Product Liability - Plaintiffs Tell Federal Court Claims Against GM Are Not Barred By Bankruptcy Order

HOUSTON - A group of 29 owners of cars manufactured by General Motors LLC (New GM) filed suit in federal court in Texas May 19, asserting personal injury and/or wrongful death claims stemming from accidents linked to defects in their cars, including ignition-switch defects (Dana Danley, et al. v. General Motors LLC, No. 15-01354, S.D. Texas).

Mealey's IP/Tech - 5th Circuit: Award Of Attorney Fees Properly Denied In Copyright Case

NEW ORLEANS - Finding no abuse of discretion in a Texas federal judge's decision to deny a prevailing copyright infringement defendant its attorney fees, the Fifth Circuit U.S. Court of Appeals on May 20 affirmed (Macro Niche Software Inc., et al. v. Imaging Solutions of Australia, No. 14-20371, 5th Cir.; 2015 U.S. App. LEXIS 8348).

Mealey's Toxic Tort/Environmental - Texas Governor Signs Law Preempting Local Fracking Regulations

AUSTIN, Texas - Texas Gov. Greg Abbott on May 18 signed a bill that preempts regulation of hydraulic fracturing at the city level, overriding the fracking ban that was passed last year in a referendum that was approved in the City of Denton.

Mealey's PI/Product Liability - Texas Appeals Court Overrules Woman's Argument Over Limitations Defense

CORPUS CHRISTI, Texas - A Texas state court judge's ruling awarding summary judgment to the builder of a woman's custom home was affirmed May 14 by a state appellate panel, which found that the plaintiff did not sufficiently support her argument that the defendant company was estopped from raising the statute of limitation defense (Maria Perez-Montes v. Live Oak Construction Inc., No. 13-13-00674-CV-, Texas App.; 13th Dist.; 2015 Texas App. LEXIS 4864).

Mealey's PI/Product Liability - 5th Circuit Upholds Ruling Finding Woman's Suit Over Roofing Shingles Untimely

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on May 14 affirmed a federal judge in Texas' ruling awarding summary judgment to Home Depot and CitiBank, finding that the judge did not err in finding that a woman's claims that the defendants violated the Texas Deceptive Trade Practices (DTPA) when she purchased 20-year shingles rather than 30-year shingles were untimely (Raquel Viduarri v. Home Depot, et al., No. 14-41938, 5th Cir.).

Mealey's Banking & Finance - Federal Judge Finds Wells Fargo Had Authority To Foreclose

AUSTIN, Texas - After finding that a bank had the authority to foreclose on a residential property, a Texas federal judge on May 11 granted its motion to dismiss the case (Loretta Wilkinson v. Wells Fargo Bank, N.A., et al., No. 15-CA-249, W.D. Texas; 2015 U.S. Dist. LEXIS 61638).

Mealey's Toxic Tort/Environmental - Texas House Approves Asbestos Trust Disclosure Bill

AUSTIN, Texas - The Texas House of Representatives on May 11 voted 126-11 to approve a bill that would require asbestos and silica personal injury claimants suing to recover damages for their diseases to file all claims they have with asbestos and silica bankruptcy trusts before a trial is held.

Mealey's Bankruptcy - Texas House Approves Asbestos Trust Disclosure Bill

AUSTIN, Texas - The Texas House of Representatives on May 11 voted 126-11 to approve a bill that would require asbestos and silica personal injury claimants suing to recover damages for their diseases to file all claims they have with asbestos and silica bankruptcy trusts before a trial is held.