DALLAS - A court lacks jurisdiction over 20-year-old deposition testimony into the creation of a memo some believe shows lawyers coaching asbestos witnesses because the testimony is not a court document, plaintiffs and their law firm told a Texas appeals court on Nov. 3 (Christine Cole Biederman v. Beverly Jean Brown, et al., No. 01-07-00263-CV, Texas App., 1st Dist.).
HOUSTON - A Texas federal judge on Nov. 1 granted a bank's motion to dismiss a property owner's claims for wrongful foreclosure, finding that no actual foreclosure of the property has occurred, rendering the claim insufficient (Parham Payrovi v. Wells Fargo Bank, N.A., No. 4:17-CV-02480, S.D. Texas, 2017 U.S. Dist. LEXIS 180943).
AUSTIN, Texas - A woman who went to the hospital with flu symptoms but left with a brain injury filed suit against the hospital in Texas federal court on Oct. 31, claiming that the hospital was negligent in leaving her unsupervised even though it knew she was at risk of falling (Ollie Jo Edmondson v. Cedar Park Health System, No. 1:17-cv-1030, W.D. Texas).
SHERMAN, Texas - The U.S. Department of Labor (DOL) filed a notice of appeal on Oct. 30 in the U.S. District Court for the Eastern District of Texas, two months after a district court judge ruled that a 2016 overtime rule for executive, administrative and professional employees (EAP) was unlawful (State of Nevada, et al. v. United States Department of Labor, et al., No. 16-731, E.D. Texas).
SHERMAN, Texas - Two out of four police officers in an excessive force action cannot testify as experts because they are not qualified to offer opinions on the use of force when deploying a police dog, a Texas federal judge ruled Oct. 27 while allowing one of the officers to testify as an expert but reserving a decision on whether the arresting officer can offer expert opinions on the reasonableness of his own actions (Guillermo Murillo Molina v. Collin County, Texas, et al., No. 4:17-cv-00017, E.D. Texas, 2017 U.S. Dist. LEXIS 178579).
DALLAS - A Texas appellate court asked a widow and her two children for a response to an employer's petition for rehearing that argued that its "direct, rifle-shot complaint" preserved a challenge to causation in an asbestos case that produced an $18.6 million verdict (The Goodyear Tire & Rubber Co. v. Vicki Lynn Rogers, et al., No. 05-15-00001-CV, Texas App., 5th Dist.).
HOUSTON - A panel of the 14th District of the Texas Court of Appeals on Oct. 24 affirmed a trial court's decision to grant summary judgment to dog owners in a dog bite suit after finding that the man who was bitten by a dog did not provide evidence showing that the dog was dangerous or that its owners did not properly handle it (Pablo Castrejon v. Andrew Horton, et al., No. 14-16-00520-CV, Texas App., 14th Dist., 2017 Tex. App. LEXIS 9920).
PITTSBURGH - More than 2,000 asbestos claimants from a decades-old consolidated Texas litigation will share up to $178.5 million from the asbestos trust established in the Pittsburgh Corning Corp. (PCC) bankruptcy case, according to a notice and settlement filed Oct. 18 in Pennsylvania federal bankruptcy court (In re: Pittsburgh Corning Corporation, No. 00-22876, W.D. Pa. Bkcy.).
SAN ANTONIO - No coverage is owed to an insured seeking damages for the loss of an oil and gas well damaged while the insured was preparing the well for production because the claims alleged against the insured are precluded by the primary policy's "damage to property" exclusion and the umbrella policy's oil and gas industries limitation endorsement, a Texas federal judge said Oct. 16 in granting the insurers' motion for summary judgment (CBX Resources LLC v. ACE American Insurance Co., et al., No. 17-17, W.D. Texas).
MARSHALL, Texas - Out of an abundance of caution, and with "serious concerns" about a drugmaker's attempt at shielding its patents from review by using an Indian tribe's sovereign immunity, a Texas federal judge on Oct. 16 joined the tribe as a plaintiff in the drugmaker's infringement lawsuit (Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-1455, E.D. Texas, 2017 U.S. Dist. LEXIS 170825).
EL PASO, Texas - In a lawsuit alleging a scheme to take control over a dealership and to decline selling vehicle-protection products that are reinsured by the reinsurers, defendants argue in their Oct. 11 reply brief to a Texas federal court for dismissal in favor of a state probate court action (Richard C. Poe II, et al. v. Anthony E. Bock, et al., No. 17-00232, W.D. Texas).
ST. LOUIS - The former CEO of long-term health care facilities in Missouri, Kentucky and Texas was sentenced to 41 months in prison by a federal judge in Missouri on Oct. 6 and ordered to pay $667,201.85 in restitution after pleading guilty to two counts of health care fraud for stealing funds from Medicaid and using them to support his own lifestyle (United States of America v. John Mac Sells, No. 17cr178, E.D. Mo.).
DALLAS - The builder of an allegedly defective retaining wall did not have the burden of showing that it did not engage in any willful misconduct that would prevent the application of the state's 10-year statute of repose, a Texas appeals panel ruled Oct. 9 in affirming the builder's summary judgment award (Charles Brooks v. CalAtlantic Homes of Texas, Inc., et al., No. 05-16-01203-CV, Texas App., 5th Dist., 2017 Texas App. LEXIS 9466).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 5 denied an insurer's request to certify questions to the Texas Supreme Court regarding whether the "sudden and accidental" exception to the policies' pollution exclusion applies to afford coverage for the underlying asbestos claims and whether vertical exhaustion of the policies applies (Longhorn Gasket and Supply Co., et al. v. U.S. Fire Insurance Co., No. 15-41625, 5th Cir.).
HOUSTON - Remand of an insured's suit seeking coverage and damages related to the denial of a claim for water and storm damage is appropriate because the insured's claims against the adjusters are viable under the Texas Insurance Code, a Texas federal judge said Oct. 6 in rejecting the insurer's argument that the adjusters were fraudulently joined as defendants to defeat diversity jurisdiction (Lillie Jean Hooper v. Allstate Texas Lloyd's, et al., No. 17-2038, S.D. Texas, 2017 U.S. Dist. LEXIS 165953).
EL PASO, Texas - A shareholder of car dealerships and his reinsurance companies on Oct. 4 filed an opposition in Texas federal court to dismissal of their complaint alleging a scheme to take control over the dealership and to decline selling vehicle-protection products that are reinsured by the reinsurers (Richard C. Poe II, et al. v. Anthony E. Bock, et al., No. 17-00232, W.D. Texas).
EASTLAND, Texas - A panel of the 11th District of the Texas Court of Appeals on Oct. 5 affirmed summary judgment on premises liability and negligence claims against the owner of a gas lease in a premises liability suit; however, it reversed judgment granted in favor of the lease owner on a negligent hiring claim because the lease owner did not amend its motion for summary judgment to address those claims (Evelyn Cuevas, et al. v. Endeavor Energy Resources L.P., No. 11-15-00157-CV, Texas App., 11th Dist., 2017 Tex. App. LEXIS 9399).
SAN FRANCISCO - In an Oct. 5 order, a California federal judge denied a motion to dismiss breach of contract allegations levied by Yahoo! Inc. in favor of an earlier-filed patent infringement action pending in Texas federal court (Yahoo! Inc. v. MyMail Ltd., No. 16-7044, N.D. Calif., 2017 U.S. Dist. LEXIS 165642).
DALLAS - A panel of the Fifth District Texas Court of Appeals on Oct. 2 reversed a trial court's decision to deny the city of Dallas' plea for jurisdiction and dismissed a slip-and-fall suit after finding that the woman who sued the city did not show the city waived immunity because she did not show that the city had actual or constructive knowledge of the hazard (City of Dallas v. Leslie Papierski, No. 05-17-00157-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 9267).
HOUSTON - After finding that none of a Ukrainian entity's objections to an award issued in favor of a petroleum corporation by a Swedish arbitral tribunal applied, a Texas federal judge on Oct. 2 confirmed the $145.7 million award in the company's favor (OJSC Ukrnafta v. Carpatsky Petroleum Corp., et al., No. 09-891, S.D. Texas, 2017 U.S. Dist. LEXIS 163064).
DALLAS - Continued use by the Urban League of Greater Dallas and North Central Texas Inc. (ULGD) of the "Urban League" trademark on social media and online after the National Union League Inc. (NUL) stripped ULGD of its affiliate status represents infringement, a Texas federal judge ruled Sept. 29 (National Urban League Inc. v. Urban League of Greater Dallas and North Central Texas Inc., No. 15-3617, N.D. Texas, 2017 U.S. Dist. LEXIS 160608).
WASHINGTON, D.C. - A Texas federal judge's decision to vacate a jury's finding of patent infringement with regard to the "Express" coronary stent was affirmed by the Federal Circuit U.S. Court of Appeals on Sept. 29 (G. David Jang, M.D. v. Boston Scientific Corp., et al., No. 16-1275, Fed. Cir., 2017 U.S. App. LEXIS 18825).
BEAUMONT, Texas - A panel of the Ninth District Texas Court of Appeals on Sept. 28 affirmed summary judgment to a marina after finding that a man who injured himself on a deck at the marina failed to show that the owner of the marina was responsible for the deck he injured himself on and that the owner did not have actual or constructive knowledge of the danger on the deck (Jessie Charles Horton v. Walden Marina, No. 09-15-00491-CV, Texas App., 9th Dist., 2017 Tex. App. LEXIS 9124).