Wilcox v. Wal-Mart Stores Texas, LLC – 3:21-CV-1009-L – Feb 15, 2023
The U.S. District Court for the Northern District of Texas granted Defendant-General-Contractor’s Motion for Summary Judgment. The court noted that to create a duty of care, there must be a nexus between the general contractor’s retained control and the condition or activity that causes the injury.
Vega v. Tyson Foods, Inc. – 3:19-CV-1647-L – Mar 14, 2021
The United States District Court for the Northern District of Texas granted Defendant-Employer’s summary judgment in a non-subscriber case where the Plaintiff-Employee signed a post-injury waiver as part of Defendant-Employer’s Workplace Injury Settlement Program. The Court noted that Plaintiff-Employee failed to argue that the Waiver was invalid under the Texas Labor Code. Instead, the Plaintiff-Employee asserted that the Waiver did not preclude the claims asserted in the case because it: (1) was procured by fraud; and (2) was not supported by valid consideration. Specifically, Plaintiff-Employee argued 1) that she had been fraudulently induced to sign the Waiver; and 2) that there was no consideration because she had personal insurance that would have covered the injuries. The Court found that Plaintiff-Employee failed to offer evidence sufficient to sustain either argument.
Wagner v. Fedex Freight, Inc. – 315 F.Supp.3d 916 – May 11, 2018
United States District Court, N.D. Texas, Lubbock Division. Tandi WAGNER and Kristi Ramirez, Plaintiffs, v. FEDEX FREIGHT, INC., Defendant. CIVIL ACTION NO. 5:17–CV–264–M–BQ | Signed 05/11/2018 Attorneys & Firms *917 Chad Inderman, Glasheen Valles & DeHoyos LLP, Delaney Crocker, Glasheen Valles & Inderman LLP, Kevin T. Glasheen, Law Offices of Kevin Glasheen, Lubbock, TX, for […]
Fozard v. CR England, Inc. – 243 F.Supp.3d 789 – Mar 17, 2017
United States District Court, N.D. Texas, Dallas Division. Chandler FOZARD, Individually and on Behalf of Those Similarly Situated, Plaintiff, Andre Brown, Individually and on Behalf of Those Similarly Situated, Plaintiff, v. C.R. ENGLAND, INC. d/b/a Premier Truck Driving School, Defendant. CIVIL ACTION NO. 3:16–CV–1334–B | Signed 03/17/2017 Attorneys & Firms *791 Timothy M. Dortch, Benton […]
Austin v. Kroger Texas L.P. – 182 F.Supp.3d 633 – Apr 25, 2016
United States District Court, N.D. Texas, Dallas Division. Randy J. AUSTIN, Plaintiff, v. KROGER TEXAS L.P., Defendant. CIVIL ACTION NO. 3:11-CV-1169-B | Signed April 25, 2016 Attorneys & Firms *635 Michael R. Mitchell, Brent S. Freefield, Mackenzie Boyd Linyard, Rad Law Firm PC, Jeff Benton, The Benton Law Firm, Matthew J. Kita, Dallas, TX, for […]
Thawar v. 7-Eleven, Inc. – 165 F.Supp.3d 524 – Feb 29, 2016
United States District Court, N.D. Texas, Dallas Division. Gulnar THAWAR, Plaintiff, v. 7-ELEVEN, INC., Defendant. CIVIL ACTION NO. 3:15-CV-2675-B | Signed February 29, 2016 Attorneys & Firms *527 Wade A. Forsman, Law Offices of Wade A. Forsman, Sulphur Springs, TX, for Plaintiff. Molly B. Cowan, Hallett & Perrin PC, Dallas, TX, for Defendant. MEMORANDUM OPINION […]
Carey v. Bank of America N.A. – 904 F.Supp.2d 617 – Nov 14, 2012
United States District Court, N.D. Texas, Dallas Division. Robert CAREY, Plaintiff, v. BANK OF AMERICA, N.A., Defendant. Civil Action No. 3:12–CV–2592–B | Nov. 14, 2012. Attorneys & Firms *618 Joe Kendall, Jamie Jean McKey, Matthew R. Scott, Kendall Law Group, Dallas, TX, for Plaintiff. Brian Glenn Patterson, McGuire Woods LLP, Houston, TX, for Defendant. MEMORANDUM […]
Lopez v. Trujillo – 475 B.R. 550 – Jul 20, 2012
United States District Court, N.D. Texas, Dallas Division. Marciela LOPEZ, Individually and as Next Friend of Victor L. Reyes, Jr. Destiny B. Reyes, Praxedes A. Reyes, and Vincent Reyes, Minors, Plaintiffs, v. Linda TRUJILLO, Intervenor, Arch Aluminum & Glass Co., Inc., and Pro–Crate & Assembly, LLC, Defendants. Civil Action No. 3:12–CV–01093–L. | July 20, 2012. […]
Howe v. Yellowbook U.S.A. – 840 F.Supp.2d 970 – Dec 21, 2011
United States District Court, N.D. Texas, Dallas Division. Rachael HOWE, Plaintiff, v. YELLOWBOOK, USA and Max Andrews, Defendants. No. 3:10–cv–1983–M | Dec. 21, 2011. Attorneys & Firms *973 David Bell, Law Offices of David Bell, Dallas, TX, for Plaintiff. A. John Harper, II, Morgan Lewis & Bockius L.L.P., Houston, TX, Rachel Morgan, Morgan Lewis & […]
Chapman v. Commonwealth Land Title Ins. Co. – 814 F.Supp.2d 716 – Sep 2, 2011
United States District Court, N.D. Texas, Dallas Division. Jerry CHAPMAN, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Defendant. Civil Action No. 3:09–CV–0188–L | Sept. 2, 2011. Attorneys & Firms *718 Eric G. Calhoun, Richard J. Pradarits, Jr., Travis Calhoun & Conlon PC, Dallas, TX, for Plaintiff. […]