HOUSTON - Defendants in a securities class action lawsuit against a worldwide provider of professional services and technologies within the government services and hydrocarbons industries on Dec. 4 asked a federal judge in Texas to dismiss federal securities law claims because shareholders failed to plead a material misrepresentation, scienter of loss causation (In re KBR Inc. Securities Litigation, No. 17-1375, S.D. Texas).
GALVESTON, Texas - A Texas federal judge on Dec. 5 found that an insured's breach of contract and negligence lawsuit against an adjuster is time-barred by a two-year statute of limitations, granting the adjuster's motion for summary judgment in Hurricane Ike coverage dispute (Gracie Reese v. Aftermath Public Adjusters, Inc., et al., No. 16-273, S.D. Texas, 2017 U.S. Dist. LEXIS 199527).
DALLAS - Efforts by a defendant to obtain dismissal of trademark infringement allegations stemming from the use of - among other things - a million-dollar bill bookmark in connection with a literacy program were unsuccessful on Dec. 5, when a Texas federal judge denied the request (Springboards to Education v. Demco Inc., et al., No. 16-2398, N.D. Texas).
SAN ANTONIO - A neuropsychologist can testify as an expert witness on the appropriateness of using a computer-based test called the "Starry Night" test in diagnosing a traumatic brain injury because he is sufficiently qualified and his testimony is reliable, a Texas federal magistrate judge ruled Dec. 1 in a personal injury lawsuit (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2017 U.S. Dist. LEXIS 197558).
AUSTIN, Texas - The Texas Supreme Court on Dec. 1 refused to rehear petitions to review a lower court's ruling that a trial court erred in finding two commercial general liability insurers are jointly and severally liable for a $2.4 million construction defects arbitration award despite both having a duty to indemnify (Great American Lloyds Insurance Co. and Mid-Continent Casualty Co. v. Vines-Herrin Custom LLC, et al., No. 16-0795, Texas Sup.; 2017 Tex. LEXIS 1089).
HOUSTON - A Texas appeals court on Nov. 30 affirmed a lower court in finding that a man who claims that he was assaulted by a pharmacist did not need to file an expert report with his suit because he did not file a health care liability suit (Walgreen Co. v. Charles Stewart, No. 01-17-00080-CV, Texas App. 1st Dist., 2017 Tex. App. LEXIS 11161).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Nov. 30 overturned a federal judge in Texas' ruling ordering a physician's assistant found guilty of conspiracy to commit insurance fraud to pay $4 million in restitution and forfeiture, holding that the man should be required to reimburse the government only for the proceeds he obtained from the scheme (United States of America v. Mansour Sanjar, et al., No. 15-20025, 5th Cir., 2017 U.S. App. LEXIS 24252).
SHERMAN, Texas - Because insureds failed to offer evidence supporting their claims for breach of contract and bad faith arising out of an insurer's denial of coverage for a water damage claim, a Texas federal judge on Nov. 29 granted the insurer's motion for summary judgment (Jon and Leslie Young v. Allstate Vehicle and Property Insurance Co., No. 17-87, E.D. Texas, 2017 U.S. Dist. LEXIS 196094).
HOUSTON - A Texas federal judge on Nov. 27 granted a homeowners insurer's motion for partial summary judgment in an insured's breach of contract lawsuit seeking coverage for flood damage caused by a May 2015 storm in Houston, finding that the policy excluded flood damage from coverage (Ali Ekhlassi v. National Lloyds Insurance Co., et al., No. 17-1257, S.D. Texas, 2017 U.S. Dist. LEXIS 194467).
HOUSTON - A Texas county's post-argument submission is improper and fails to prove that it provided workers' compensation benefits for a judge employed in its courthouse, a woman pursuing an asbestos action on behalf of the former judge told a Texas appeals court on Nov. 22 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).
HOUSTON - In a Nov. 21 ruling, a Texas federal judge interpreted the phrase "lawfully made under this title" as it appears in Section 109 of the Copyright Act, 17 U.S.C. 109, to mean "that a copy is lawful if it was made in the United States in compliance with Title 17 or in a foreign country in a manner that would comply with Title 17 if United States copyright law applied" (Geophysical Services Inc. v. TGS Nopec-Geophysical Services, No. 14-1368, S.D. Texas, 2017 U.S. Dist. LEXIS 192803).
SHERMAN, Texas - A company has properly stated a claim for relief in seeking declaratory relief against several former employees and its direct competitor for alleged trade secret misappropriation and patent and copyright infringement, among other things, and its claims under the Copyright Act provide a federal district court with federal question jurisdiction, a federal judge in Texas ruled Nov. 20 in denying the defendants' motion to dismiss (Performance Pulsation Control Inc. v. Sigma Drilling Technologies LLC, et al., No. 17-0450, E.D. Texas, 2017 U.S. Dist. LEXIS 191530).
HOUSTON - A resolution extending benefits to optional employees is valid and places an asbestos case brought on behalf of a former judge under the exclusivity provision of the workers' compensation system, a government entity told a Texas appeals court on Nov. 15 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).
HOUSTON - A Texas oil and gas exploration and production company on Nov. 17 said that enforcement proceedings to confirm a $2,026,126.32 international arbitral award have been completed and that it will receive payment of the total award.
BEAUMONT, Texas - A panel of the Ninth District Texas Court of Appeals on Nov. 16 affirmed a verdict in favor of a hospital where a man was given an injection and developed severe pain in his leg following the injection after finding that the verdict was not against the weight of the evidence (Lonnie D. Rodgers Sr. v. The Medical Center of Southeast Texas, No. 09-16-00276-CV, Texas App., 9th Dist., 2017 Tex. App. LEXIS 10764).
DALLAS - A Texas federal jury on Nov. 16 awarded six plaintiffs $247.49 million in the fourth multidistrict litigation bellwether trial involving the DePuy Orthopaedics Inc. Pinnacle hip (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea, et al. v. DePuy Orthopaedics., Inc., et al., No. 15-03489, Uriel Barzel v. DePuy Orthopaedics, Inc., et al., No. 16-1245, Karen Kirschner v. DePuy Orthopaedics, Inc., et al., No. 16-1526, Hazel Miura v. DePuy Orthopaedics, Inc., et al., No. 13-4119, Michael A. Stevens v. DePuy Orthopaedics, Inc., et al., No. 14-1776, Eugene Stevens Jr. v. DePuy Orthopaedics, et al., No. 14-2341, N.D. Texas).
SHERMAN, Texas - An information technology specialist can testify about whether statements made to investors by the CEO of a computer server development company were false, but cannot opine on whether the statements were misleading, a Texas federal judge ruled Nov. 14 (Securities and Exchange Commission v. William E. Mapp, III, No. 4:16-cv-00246, E.D. Texas, 2017 U.S. Dist. LEXIS 188083).
NEW ORLEANS - An allegation of unfair competition by misappropriation under Texas law was properly rejected by a Texas federal judge on the basis of federal preemption under the Copyright Act, 17 U.S.C. 101 et seq., and Patent Act, 35 U.S.C. 1 et seq., the Fifth Circuit U.S. Court of Appeals ruled Nov. 14 (Motion Medical Technologies LLC, et al. v. ThermoTek Inc., No. 16-11381, 5th Cir., 2017 U.S. App. LEXIS 22826).