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Texas Law
 
Randy Austin v. Kroger Texas, L.P.

Plaintiff-Appellant Randy Austin appealed the district court’s grant of summary judgment in favor of Defendant-Appellee Kroger Texas L.P. We certified a question of state law to the Supreme Court of Texas. Austin v. Kroger Texas L.P., 746 F.3d 191 (5th Cir. 2014). The Supreme Court of Texas answered our question in a thorough opinion.
14-0216, 2015 WL 3641066 (Tex. June 12, 2015). Under Texas... More...
   $0 (08-30-2015 - TX)

David Montano v. Montrose Restauant Associates, Inc.

This case concerns coffee and tipping. Two waiters sued the Houston restaurant where they worked, claiming the restaurant violated federal law by requiring them to share tips with the restaurant’s “coffeeman.” The district court granted the restaurant’s motion for summary judgment, holding that, as a matter of law, the coffeeman was an employee who customarily and regularly received tips. Because ... More...   $0 (08-28-2015 - TX)

United States of America v. Rene Perez, et al.

Austin, TX - Eighteen Defendants Sentenced to Prison for Roles in Austin-Based Drug Distribution Operation

In Austin, 18 individuals have been sentenced over the past two days to federal prison terms for their roles in a cocaine and methamphetamine distribution operation announced United States Attorney Richard L. Durbin, Jr., and Drug Enforcement Administration Special Agent in Charge Jo... More...
   $0 (08-28-2015 - TX)

United States of America v. Clarence Buck and Kendall Allen

Houston, TX - Jury Convicts 2 Men in Multiple Violent Robberies in and Around Houston

Two men have been convicted on all federal counts as charged, to include the violent robberies of mobile phone stores and related firearms charges, announced U.S. Attorney Kenneth Magidson. The federal jury convicted Clarence Buck, 33, of Humble, and Kendall Allen, 24, of New Orleans, on all 14 and 11 co... More...
   $0 (08-29-2015 - TX)

United States of America v. Martha Lidia Flores

McAllen, TX - McAllen Area Marketer Pleads Guilty to Health Care Fraud Scheme

A marketer for several area home health agencies has entered a guilty plea to conspiracy to commit health care fraud for her role in a scheme to defraud the Medicare program, announced U.S. Attorney Kenneth Magidson.

Martha Lidia Flores, 51, of Pharr, admitted to engaging in a kickback scheme of exchang... More...
   $0 (08-28-2015 - TX)

United States of America v. Ricardo Rangel

Laredo, TX - Former Justice of the Peace and Bail Bondsman Sentenced on Federal Extortion Charges

A former Webb County justice of the peace (JP) and a former bail bondsman have been ordered to federal prison following their convictions of conspiracy and extortion under color of official right, announced U.S. Attorney Kenneth Magidson. Former Webb County Precinct 2, Place 2, JP Ricardo Ran... More...
   $0 (08-28-2015 - TX)

United States of America v. Rosa Maria Melendez-Jimenez

Brownsville, TX - Attempting to Export Ammunition to Mexico Sends Woman to Federal Prison

A 53-year-old resident alien from Mexico who resided in Brownsville, has been ordered to federal prison following her conviction of attempting to export 3,500 rounds of ammunition and one AK-47 rifle, announced U.S. Attorney Kenneth Magidson. Rosa Maria Melendez-Jimenez was convicted in May 2015, fol... More...
   $0 (08-28-2015 - TX)

United States of America v. Frederick Remon Robinson

Houston, TX - Man Sentenced on Gun Charge after social media post regarding ISIS

A Houston man arrested earlier this year following his social media posts regarding ISIS has been ordered to federal prison following his conviction of being a felon in possession of a firearm, announced U.S. Attorney Kenneth Magidson. Frederick Remon Robinson, 46, pleaded guilty June 3, 2015.

Today,... More...
   $0 (08-28-2015 - TX)

United States of America v. Rockey Koonce

Abilene, TX - Lueders, Texas, Man Sentenced to 193 Months in Federal Prison on Federal Child Pornography Conviction

Rockey Koonce, 40, of Lueders, Texas, was by Chief U.S. District Judge Jorge A. Solis to 192 months in federal prison, following his guilty plea in April 2015 to one count of receipt of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.... More...
   $0 (08-27-2015 - TX)

United States of America v. Armando Jesus Hernandez Leal

San Antonio, TX - Businessman Admits Role in Multi-Million Dollar Investment Scam

Armando Jesus Hernandez Leal, age 56, of Shavano Park, TX, pleaded guilty to a federal money laundering charge in connection with a multi-million dollar investment fraud scam announced United States Attorney Richard Durbin, Jr., FBI Special Agent in Charge Christopher Combs, San Antonio Division and Internal... More...
   $0 (08-26-2015 - TX)

United States of America v. Kenneth Goheen

Austin, TX - Former Internal Revenue Service Employee Sentenced to Federal Prison for Wire Fraud and Identity Theft Scheme

A 57-year-old former Internal Revenue Service employee Kenneth Goheen of Austin was sentenced to two years plus one day in federal prison for his role in a stolen identity refund fraud scheme announced United States Attorney Richard L. Durbin, Jr., Internal Revenue Se... More...
   $0 (08-26-2015 - TX)

United States of America v. Fernando Jose De Leon

San Antonio, TX - Former City of San Antonio Employee Sentenced to Federal Prison in Bribery Scheme

Fernando Jose De Leon, age 44, former Assistant Development Services Director of the Land Development Division within the City of San Antonio’s Planning and Development Services Department, was sentenced to 14 months in federal prison for his role in a bribery scheme involving city contract... More...
   $0 (08-26-2015 - TX)

United States of America v. Christina Cortez

Corpus Christi, TX - Grand Jury Indicts Local Daycare Worker for Producing Child Pornography

The daycare worked arrested earlier this month on allegations she produced child pornography has been indicted by a federal grand jury, announced U.S. Attorney Kenneth Magidson. Christina Cortez, 38, of Corpus Christi, allegedly produced the graphic images while working at a daycare facility in Co... More...
   $0 (08-26-2015 - TX)

United States of America v. Sunny Joseph

San Antonio, TX - Businessman Sentenced to Federal Prison for his Role in an Estimated $1.65 Million Food Stamp Fraud Scheme

A San Antonio businessman was sentenced to federal prison for his role in an estimated $1.65 million Supplemental Nutrition Assistance Program (SNAP) food stamp fraud scheme announced United States Attorney Richard L. Durbin, Jr.

Judge Ezra sentenced 52-yea... More...
   $0 (08-24-2015 - TX)

United States of America v. Lea Ann Blystone

San Antonio, TX - Area Businesswoman Sentenced to Federal Prison for Orchestrating Estimated $1.4 Million Fraud Scheme

San Antonio businesswoman Lea Ann Blystone was sentenced to seven years in federal prison for orchestrating an estimated $1.4 million wire fraud scheme announced United States Attorney Richard L. Durbin, Jr. and FBI Special Agent in Charge Christopher H. Combs.

I... More...
   $0 (08-25-2015 - TX)

United States of America v. Mark Anthony Pape

Dallas, TX - Registered Fort Worth Sex Offender Sentenced to 40 Years in Federal Prison for Producing Child Pornography

Produced Video of Himself and a Prepubescent Minor Engaging in Sexual Conduct

A registered sex offender, living in Fort Worth, Texas, who pleaded guilty to a two-count indictment charging child pornography offenses, was sentenced today, announced U.S. Attorney J... More...
   $0 (08-25-2015 - TX)

Mike Birnbaum v. Gena J. Atwell

Mike and Beverly Birnbaum purchased a penthouse condominium unit in San Antonio in 2007. They had it remodeled and moved in two years later. Soon after they moved in, a rainstorm occurred and they discovered numerous water leaks throughout the unit.
The Birnbaums brought suit against the seller, Gena Atwell, Atwell’s realtor, Phyllis Browning, Browning’s company, and their own realtor, Mimi We... More...
   $0 (08-20-2015 - TX)

Kosoco, Inc. v. Metropolitan Transit Authority of Harris County

Appellant, Kosoco, Inc., challenges the trial court’s order dismissing, for lack of jurisdiction, its inverse-condemnation claims1 against appellee, Metropolitan Transit Authority of Harris County (“Metro”). In three issues, Kosoco contends that the trial court erred in dismissing its lawsuit.
We affirm.
Background
In its original petition, Kosoco alleged that, since 1980, it has opera... More...
   $0 (08-20-2015 - TX)

Roscoe F. "Trey" White, III, White Ventures Energy LLC, et al. v. Michael Pottorff and Monica Fabbio

This case presents an appeal from a judgment rendered after a bench trial. Appellees brought a derivative suit against appellant Roscoe F. “Trey” White, III for fraud by non-disclosure, fraud, breach of fiduciary duty, unjust enrichment, and breach of the covenant of good faith and fair dealing. Appellees sued appellant White Ventures Energy LLC for breach of contract. They also sought declaratory... More...   $0 (08-18-2015 - TX)

Cardiovascular Provider Resources Inc. v. Charles Gottlich, M.D.

Cardiovascular Provider Resources Inc. appeals a jury verdict in favor of Charles Gottlich, M.D. on his claim for misappropriation of his name. Bringing four issues, CPR contends the evidence is legally insufficient to support the jury’s findings on liability and damages. CPR further contends the trial court erred in failing to award it attorney’s fees under the Texas Theft Liability Act. After re... More...   $0 (08-18-2015 - TX)

Texpro Construction Group, LLC v. Sylvester Davis

After the trial court granted appellee Sylvester Davis an interlocutory default judgment on liability in his suit against appellant TexPro Construction Group, LLC, TexPro filed an answer. The court subsequently entered a final judgment awarding unliquidated damages to Davis. In this restricted appeal, TexPro raises four issues in which it contends the trial court erred in granting the default judg... More...   $0 (08-19-2015 - TX)

Albert Morris and Tilda Morris, et al. v. Unified Housing Foundation Inc., et al.

Appellants were the plaintiffs in this suit for personal injuries, “malicious” contract breaches arising from an apartment lease, and federal civil rights violations. Their claims arose from an incident in which appellant Albert Morris was allegedly assaulted and injured without justification by an off-duty Parkland Hospital police officer and by City of Dallas police officers in the parking lot o... More...   $0 (08-24-2015 - TX)

Intl Energy Ventures Mgmt, LLC v. United Energy Gr

IEVM filed the instant action against UEG and Mueller in Texas state court. UEG removed the action to federal court, and the original state court petition was never amended. The facts, recited almost verbatim from the complaint, are as follows. In July 2010, British Petroleum (“BP”) announced that it wished to sell its Pakistani subsidiaries that owned oil and gas fields in Pakistan (“BP Pakist... More...   $0 (08-23-2015 - TX)

Falecia Brown v. US Airways, et al

Brown was an employee of American Airlines in the Dallas-Fort Worth area. American fired Brown in April 2014 after she claimed that two managers violated company policies on travel. American’s human resources department investigated whether her access and review of managers’ travel records complied with company policy. American determined Brown accessed and disclosed employee travel information... More...   $0 (08-23-2015 - TX)

United States of America v. Michael Anthony Keich

San Antonio, TX - D’Hanis Man Sentenced to Federal Prison for Manufacturing Pipe Bombs

United States District Judge David A. Ezra sentenced 21-year-old Michael Anthony Keich of D’Hanis, TX, to 57 months in federal prison followed by three years of supervised release for manufacturing a destructive device.

On May 22, 2015, Keich pleaded guilty to one count of unlawful making of a ... More...
   $0 (08-21-2015 - TX)

United States of America v. Edmundo Cardenas and Luis Pena-Rios

Laredo, TX - Two Men Sentenced in Separate, But Similar Child Pornography Cases

Two men who were residing in Laredo have been ordered to federal prison for possessing child pornography, announced U.S. Attorney Kenneth Magidson along with Special Agent in Charge James Spero of Homeland Security Investigations (HSI) and Webb County Sheriff Martin Cuellar.

Edmundo Cardenas, 23, a le... More...
   $0 (08-21-2015 - TX)

United States of America v. Ceddrick Lamont Johnson, a/k/a “Bunny Cool” and Stephanie McQueen

Abilene, TX - Two Sentenced in Methamphetamine Trafficking Conspiracy

Two defendants, Ceddrick Lamont Johnson, a/k/a “Bunny Cool,” of Abilene, Texas, and Stephanie McQueen, of Sweetwater, Texas, who pleaded guilty to their roles in a methamphetamine trafficking conspiracy were sentenced.

McQueen, 25, was sentenced by U.S. District Judge Jorge A. Solis to 60 months in federal pris... More...
   $0 (08-21-2015 - TX)

United States of America v. Gerald Allen Williams

Lubbock, TX - Pipe Line Company’s Project Coordinator at Roscoe, Texas, Facility Senteced to 33 Months in Federal Prison on Wire Fraud Conviction

Gerald Allen Williams, 55, of Roscoe, Texas, was sentenced by U.S. District Judge Sam R. Cummings to 33 months in federal prison and ordered to pay $410,094.98 in restitution, following his guilty plea in April 2015 to one count of wire fraud st... More...
   $0 (08-21-2015 - TX)

United States of America v. Jose Angel Zapata

Lubbock, TX - San Angelo Man Sentenced to 168 Months in Federal Prison for Using Facebook Chat to Entice Minor Females to Engage in Sexual Activity with Him

Jose Angel Zapata, 24, of San Angelo, Texas, was sentenced by U.S. District Judge Sam R. Cummings to 168 months in federal prison, following his guilty plea in April 2015 to two counts of enticement of a minor and aiding and abetting,... More...
   $0 (08-21-2015 - TX)

United States of America v. Connor Michael Campbell

Lubbock, TX - Lubbock Man Sentenced to 10 Years in Federal Prison for Possessing Child Pornography

Connor Michael Campbell, 22, of Lubbock, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to 10 years in federal prison, following his guilty plea in April 2015 to one count of possession of child pornography, announced U.S. Attorney John Parker of the Northern District of T... More...
   $0 (08-21-2015 - TX)

United States of America v. Steric Paul Mitchell and Gregory Steven Hunt, aka "KC"

Dallas, TX - Federal Jury Convicts Dallas Man on Conspiracy and Kidnapping Charges
Defendant Planned to Sell Victim into Sex Slavery

Following a nearly two-week trial, a federal jury has convicted a Dallas man on felony offenses stemming from the May 2012 kidnapping of a female victim whom he planned to sell into sex slavery.

Steric Paul Mitchell, 45, was convicted on one cou... More...
   $0 (08-21-2015 - TX)

United States of America v. Andrew Lee Siegel

Dallas, TX - Dallas Lawyer Sentenced to Serve 12 Months and One Day in Federal Prison

Defendant Pleaded Guilty to Mail Fraud and Criminal Copyright Infringement Related to Investor Fraud Case Involving Vodka Brands and Dynasty Spirits, Inc.

A Dallas attorney who pleaded guilty to federal felony offenses involving copyright infringement and investor fraud was sentenced this mornin... More...
   $0 (08-19-2015 - TX)

IN RE F.N. WILLIAMS, SR., AND JARED WOODFILL, RELATORS

This case involves yet another mandamus proceeding concerning the City of Houston’s equal
rights ordinance, the referendum petition calling for its repeal, and the City Council’s duties in
response. See In re Woodfill, __ S.W.3d __, __, 2015 WL 4498229, at *7 (Tex. 2015) (per curiam)
(directing the City Council to comply with its ministerial duties and either repeal the ordinance orMore...
   $0 (08-19-2015 - TX)

Grady Allen Davis v. DSO F. Hernandez; DSO Cody Hill

Grady Allen Davis is a Texas inmate who claims in this case that jail staff used excessive force against him, causing him injury and violating his constitutional rights. The district court granted summary judgment to the defendants because Davis failed to satisfy the statutory prerequisite under the Prison Litigation Reform Act of exhausting available administrative remedies prior to filing suit. ... More...   $0 (08-17-2015 - TX)

Grady Davis v. F. Hernandez, et al

The jail in Dallas County, Texas, where Davis was detained during the time relevant to this case, sets out its grievance procedures in an inmate handbook, which is in the record. According to the handbook, there are two steps in the grievance process. First, an inmate must file a written grievance with jail staff. Second, if the initial decision is adverse to the inmate, he is afforded an appea... More...   $0 (08-17-2015 - TX)

Lana Puckett v. Clarksville Independent School District, et

The court has carefully considered this appeal in light of the briefs, the district court’s opinion denying a new trial, and pertinent portions of the record. We find no reversible error of fact or law and therefore AFFIRM the judgment. Puckett sued on behalf of a young man who was sexually molested by a teacher in the Clarksville ISD. The defendants included the district, Principal ... More...   $0 (08-16-2015 - TX)

Matthew Dueling, et al v. Devon Energy Corporation

Plaintiffs filed their lawsuit within the two-year statute of limitations for nuisance claims,1 but they initially named the wrong defendant. The case lingered on the state court’s docket without activity for more than a year until the state court dismissed the case for want of prosecution. Plaintiffs hired new counsel, and the state court granted Plaintiffs’ unopposed motion to reinstate the case... More...   $0 (08-16-2015 - TX)

Gary Schepps, et al v. Daniel Sherman

Attorney Gary Schepps appeals from a bankruptcy court order entered in the case styled Matter of Ondova Limited Company.1 The order at issue,
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 Case No. 09-34784-... More...
   $0 (08-16-2015 - TX)

Netsphere, Inc., et al v. Jeffrey Baron

As a general rule, the courts of appeals have jurisdiction only over the final decisions of the district courts. There are certain exceptions and qualifications to that principle, however. In this case we must decide whether any of them allow us to review several district court orders which, pursuant to the mandate of an earlier decision of our court, awarded fees to a receiver before final judg... More...   $0 (08-15-2015 - TX)

United States of America v. Amanda Petrie

Waco, TX - a federal district judge sentenced 35–year-old Temple, TX, resident and Aryan Brotherhood (AB) associate Amanda Petrie to 20 years in federal prison for her role in a methamphetamine distribution conspiracy announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Drug Enforcement Adminis... More...   $0 (08-12-2015 - TX)

 
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