Bad Faith Joinder Keeps Bank Dispute in Federal Court
Senior U.S. District Judge Sim Lake denied a motion to remand, ruling that First National Bank of Giddings acted in bad faith by failing to serve a non-diverse co-defendant to block removal.
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Judge Grants Fox Corp. Request to Seal Briefs, Sets 7-Day Window for Public Access Challenge
A federal judge in Houston granted Fox Corporation's motion to file portions of an emergency motion under seal and gave the defendant seven days to file a motion justifying why the public's right of access should be overcome.
Federal Judge Grants Qualified Immunity to Deputies in Excessive Force Case Over Handcuffed Suspect's Resistance
U.S. District Judge Lee H. Rosenthal granted summary judgment to two Harris County deputies in a civil rights lawsuit, ruling that body-worn camera footage showed the officers used only the force necessary to overcome the plaintiff’s active resistance while...
Texas Magistrate Preserves Employment Claims by Deeming State Petition Filed on Transmission Date
A federal magistrate judge in Texas ruled that an employment discrimination plaintiff’s petition is deemed filed on the date it was transmitted to the electronic filing service provider, not when the state clerk rejected it, preserving her federal claims.
Federal Judge Stays Golden Pass Lawsuit Pending Arbitrator’s Joinder Decision
A federal judge in Houston has stayed a lawsuit between Golden Pass Pipeline and subcontractor ISC Constructors, deferring to an American Arbitration Association decision on whether the subcontractor can join the prime contractor’s ongoing arbitration with...
Judge Hanen Limits Discovery to Qualified Immunity, Quashes Overbroad Subpoena in Police Misconduct Case
A federal judge in Houston has limited discovery to qualified immunity issues and quashed a plaintiff's subpoena to the Houston Police Department, ruling the requests were so overbroad they could not be reformed.
Federal Judge Dismisses Ex-Employee's ADA and Title VII Claims Against Medicare Insurer
A federal judge in Houston dismissed all claims brought by a former remote outreach worker who alleged she was fired in retaliation for requesting a disability accommodation days after returning from surgery.
Federal Judge Denies Abbott Discovery Reopening Based on Unrelated False Claims Act Case, Orders Limited FDA Document Production
A federal magistrate judge denied plaintiffs' request to reopen discovery in a product liability case alleging their child was injured by contaminated Abbott formula, while ordering the manufacturer to produce one specific FDA inspection response.
Federal Court Denies UTMB's Motion to Dismiss ADA Claim, Allowing Deaf Student's Suit to Proceed
A federal judge in Texas denied the University of Texas Medical Branch’s motion to dismiss a deaf doctoral student’s failure-to-accommodate claim under Title II of the Americans with Disabilities Act, ruling that the university’s alleged conduct plausibly i...
District Court Denies Motion to Dismiss in Pregnancy Discrimination Case Over Dispute on Whether Employee Was Fired or Resigned
A federal judge in Houston denied a motion to dismiss a Title VII pregnancy discrimination lawsuit filed by a former scheduler at a high-end kitchen appliance retailer, ruling the plaintiff sufficiently alleged she was terminated rather than resigning.
Texas Insurer Loses Summary Judgment Bid on UM/UIM Claim Stalled Since 2011 Car Accident
A federal magistrate judge denied Redwood Fire and Casualty Insurance Company's motion for summary judgment, ruling the insurer failed to show it was prejudiced by its insured's settlement and that the statute of limitations question on the UM/UIM countercl...
Oilfield Worker's Bankruptcy Omission Doesn't Bar FLSA Retaliation Suit, Judge Rules
A federal magistrate judge denied summary judgment to an oilfield services company that argued its former worker forfeited his retaliation claim by failing to list it in bankruptcy schedules, holding there is a genuine factual dispute over whether the omiss...