Attorney Andrew Korn's Legal Cases

Communications and media

J&J Sports Prods. v. Perales, 772 F. App'x 110 (5th Cir. 2019)

Jun 11, 2019

OUTCOME: Appeal dismissed in part, Judgment Affirmed.

District Court granted money damages by summary judgment in favor of J&J Sports and against Defendant. Defendant appealed challenging whether: (1) he received adequate notice in the district court, (2) ... it is clear that the court reviewed all the summary judgment evidence, (3) the suit complied with the limitations period, (4) the damages award exceeded the statutory maximum, and (5) the court abused its discretion in denying motions to reconsider.

Civil rights

Miller v. Gregg County., 546 S.W.3d 410 (Tex. App.--Texarkana 2018, no pet.)

Mar 21, 2018

OUTCOME: Judgment affirmed as modified.

Plaintiff filed a suit under the Texas Public Information Act (TPIA) seeking a writ of mandamus to compel Gregg County to disclose certain information that would tend to prove or disprove police misco ... nduct. Gregg County filed a plea to the jurisdiction, which was granted by the County Court at Law No. 2 of Gregg County (CCL2). On appeal, Plaintiff argued that the trial court erred in granting Gregg County's plea to the jurisdiction by resolving disputed jurisdictional facts. Plaintiff also argued that the trial court erred in dismissing, with prejudice, claims for declaratory and injunctive relief, which were never included in Miller's petition. The Court of Appeals determined that the trial court had jurisdiction of the TPIA mandamus action and that the plea to the jurisdiction was properly granted (because Gregg County alleged that the documents requested did not exist). However, the Court of Appeals modified the trial court's judgment to omit references to causes of action and remedies not alleged or prayed for in Plaintiff's petition.

Bankruptcy and debt

In re Positive Health Mgmt., 769 F.3d 899 (5th Cir. 2014)

Oct 06, 2014

OUTCOME: Judgment affirmed in part and reversed in part

ISSUE: Whether an innocent transferee that received fraudulent transfers could, under the affirmative defense in 11 U.S.C.S. § 548(c), retain all the funds it received even though it gave less value to ... the debtor than it received.

Debt collection

Mac 23, Inc. v. Steadfast Ins. Co., 2014 Tex. App. LEXIS 6904 (Tex. App. Dallas 2014)

Jun 25, 2014

OUTCOME: Judgment reversed and case remanded

Appeal from the trial court's turnover order and order appointing receiver. In four issues, appellants contended the order: (1) is void because it granted mandatory injunctive relief without strict com ... pliance with the rules and statutes; (2) is void because no evidence supported it; (3) should be reversed because it set the receiver's fee without the benefit of evidence; and (4) should be reversed because it seeks turnover of information not subject to disclosure.

Debt collection

McMurray v. ProCollect, Inc., 687 F.3d 665 (5th Cir. 2012)

Jul 16, 2013

OUTCOME: Judgment affirmed.

Appeal of summary judgment in favor of debt collection agency in debtor's action claiming that the Agency's collection letter violated the Fair Debt Collection Practices Act (FDCPA).

Communications and media

Joe Hand Promotions, Inc. v. Chios, Inc., 2013 U.S. App. LEXIS 10464 (5th Cir. 2013)

May 23, 2013

OUTCOME: Judgment affirmed.

Appellants argued that the district court erred by drawing adverse inferences from appellants' invocation of the Fifth Amendment privilege in their answer to the complaint.

Personal injury

Lamb v. JB Hunt Transp. Servs., 2009 U.S. App. LEXIS 11973 (10th Cir. 2009)

Jun 01, 2009

OUTCOME: Judgment affirmed.

Plaintiffs appealed summary judgment in defendants' favor. Plaintiffs, dock workers who cleaned out a tractor-trailer after a load of recyclable paper was emptied and who suffered injuries from a toxic ... chemical found in the debris in the truck, sued various defendants.

Government

Abercia v. Kingvision Pay-Per-View, Ltd., 217 S.W.3d 688 (Tex. App. El Paso 2007)

Feb 05, 2007

OUTCOME: Judgment affirmed in part and reversed in part.

All parties appealed a money judgment (and finding of contempt) against a Constable for failure to levy on a writ of execution.

Landlord or tenant

Befekadu v. Thurman Permanent A-1, 2006 Tex. App. LEXIS 9475 (Tex. App. Eastland 2006)

Nov 02, 2006

OUTCOME: Judgment affirmed.

Tenant appealed a judgment in Landlord's favor for Tenant's breach of lease claim for a portion of the Landlord's proceeds from a Condemnation award.

Appeals

B S P Mktg. v. Std. Waste Sys., 2004 Tex. App. LEXIS 727 (Tex. App.--Dallas Jan. 27, 2004 no pet.)

Jan 27, 2004

OUTCOME: Judgment affirmed.

After a money judgment against Defendant for breach of contract, defendant appealed. Plaintiff successfully moved to strike the defendant’s bond and the court dismissed defendant’s appeal. Defendant t ... wice challenged the dismissal at the Court of Appeals, and lost both challenges, the second time based on the law of the case doctrine.

Andrew Korn's Legal Cases (11)

J&J Sports Prods. v. Perales, 772 F. App'x 110 (5th Cir. 2019)

Miller v. Gregg County., 546 S.W.3d 410 (Tex. App.--Texarkana 2018, no pet.)

In re Positive Health Mgmt., 769 F.3d 899 (5th Cir. 2014)

Mac 23, Inc. v. Steadfast Ins. Co., 2014 Tex. App. LEXIS 6904 (Tex. App. Dallas 2014)

McMurray v. ProCollect, Inc., 687 F.3d 665 (5th Cir. 2012)

Joe Hand Promotions, Inc. v. Chios, Inc., 2013 U.S. App. LEXIS 10464 (5th Cir. 2013)

Lamb v. JB Hunt Transp. Servs., 2009 U.S. App. LEXIS 11973 (10th Cir. 2009)

Abercia v. Kingvision Pay-Per-View, Ltd., 217 S.W.3d 688 (Tex. App. El Paso 2007)

Befekadu v. Thurman Permanent A-1, 2006 Tex. App. LEXIS 9475 (Tex. App. Eastland 2006)

B S P Mktg. v. Std. Waste Sys., 2004 Tex. App. LEXIS 727 (Tex. App.--Dallas Jan. 27, 2004 no pet.)