News

Headline: Western World Insurance Group’s Lawsuit against KC Welding Dismissed as Untimely by Trial Court

 

Summary: On July 12, 2018, Sunbelt Shavings requested KC Welding to repair a metal storage bin containing wood chips. After welding the bin, a fire broke out on Sunbelt’s property that night and was extinguished on July 13, 2018. Three years later, on July 13, 2021, Western World Insurance Group filed a lawsuit against KC Welding for breach of contract and negligence. However, the trial court granted KC Welding’s motion to dismiss the case as untimely on May 2, 2022, stating that Western World had filed the complaint after the three-year statute of limitations had expired. Western World appealed the decision. Read more > CO170547.pdf (ms.gov) 

 

Headline: Workers’ Compensation Commission Sanctions Employer’s Attorney for Misleading Documentation

 

Summary: The Workers’ Compensation Commission has imposed a $1,000 sanction on an employer’s attorney for submitting misleading documentation to an Administrative Judge (AJ). The case involved longtime Howard Industries employee Selina Hayes, who filed two workers’ compensation claims related to injuries sustained during her work as a coil winder. The AJ’s determination of whether Hayes suffered a loss of earning capacity required a comparison of her previous position to her current role as a coil winder trainer. Howard Industries’ expert, Peter Mills, initially provided a job analysis report that indicated trainers worked six days a week with approximately twenty hours of overtime. However, a supplemental report submitted by attorney Richard Lewis Yoder altered the time requirements, stating that trainers worked five days a week with no overtime. The Court of Appeals affirmed the Commission’s decision to impose the sanction, and the award of permanent disability benefits to Hayes. Read more > CO172246.pdf (ms.gov) 

 

Headline: Fifth Circuit Upholds District Court’s Ruling in Favor of Cox Operating in Intervenor Lawsuit

 

Summary: The Fifth Circuit Court of Appeals has affirmed the district court’s ruling in favor of Cox Operating LLC in an intervenor lawsuit brought by Certain Underwriters at Lloyds, London. Lloyds sought to recover maintenance and cure benefits it paid to an injured seaman, James Michael Jones. Cox argued that Lloyds is responsible for the payments under a protection and indemnity (P & I) policy. The district court agreed with Cox and granted summary judgment in their favor. Lloyds appealed the decision, but the Fifth Circuit upheld the ruling, stating that Lloyds is obligated to pay maintenance and cure under the P & I policy. Read more > 22-30371-CV0.pdf (uscourts.gov) 

 

Headline: Fifth Circuit Affirms Verdict in Favor of Plaintiffs in Honda CR-V Defective Design Lawsuit

 

Summary: The Fifth Circuit Court of Appeals has affirmed a jury verdict in favor of plaintiffs Su Min Kim and Ji Hun Kim in a product liability lawsuit against American Honda Motor Company. The lawsuit involved a side-impact car accident in which the Kims were injured while driving a 2014 Honda CR-V. The jury found Honda liable for strict liability and negligence defective design product liability claims and awarded the Kims damages totaling $21,430,808.74. The court upheld the verdict and rejected Honda’s arguments regarding the exclusion of liability experts, denial of motions for a new trial and judgment as a matter of law, and a requested jury instruction. The Kims had argued that Honda could have used alternative designs, such as a center airbag or a reverse geometry seatbelt, to prevent Su Min’s injuries. Read more > 22-40790-CV0.pdf (uscourts.gov) 

 

Headline: Appellate Court Upholds Dismissal of Pro Se Civil Suit Against Mercedes-Benz Financial Services

 

Summary: Alexander Moskovits’ appeal of the dismissal of his pro se civil suit against Mercedes-Benz Financial Services USA, ADESA Texas Inc., Automotive Recovery Services, and unknown federal and state agents has been rejected by the appellate court. Moskovits had sought monetary damages for an alleged unlawful repossession and auction of his vehicle after he stopped making payments to Mercedes. The court upheld the district court’s decision to grant Mercedes and ADESA’s motion to dismiss Moskovits’ Texas Deceptive Trade Practices Act (TDTPA) claim, stating that he failed to adequately allege a producing cause of his injury under the TDTPA. Moskovits’ remaining claims were also deemed waived as he did not meaningfully challenge their dismissal or denial. Read more > 22-20522.0.pdf (uscourts.gov) 

 

Headline: Fifth Circuit Affirms District Court’s Ruling in Allstate Assurance Lawsuit

 

Summary: The Fifth Circuit Court of Appeals has affirmed the district court’s judgment in favor of Allstate Assurance Company in the lawsuit filed by Mirna Guzman. Guzman had sued Allstate for breach of contract and violation of the Texas Deceptive Trade Practice-Consumer Protection Act, claiming that Allstate wrongly rescinded a life insurance policy issued to her late husband, Saul Guzman. The district court found in favor of Allstate, concluding that they were entitled to rescind the policy due to material misrepresentations made by Mr. Guzman in the application. On appeal, Guzman argued that the district court erred in finding that Allstate satisfied the intent to deceive element and in admitting certain testimony. However, the appellate court affirmed the district court’s ruling, stating that there was no clear error and no abuse of discretion. Read more >23-10267.0.pdf (uscourts.gov)