Jarrett | June 19, 2024 | Uncategorized
Houston Zoo parking lot shooting: Mom shot in the head by security guard demanding charges be filed
HOUSTON – The woman who was shot in the head in the Houston Zoo parking lot says she’s heartbroken that no one has been charged. The mother of four was shot three months ago by a security guard during Spring Break in a packed zoo parking lot with her… read more
Jarrett | April 22, 2024 | Uncategorized
EA Files Class Action Against Cinemark for Undersized Beers
CNN — Not even a beer at the movies is spared from shrinkflation, alleges a lawsuit against Cinemark. And one man is spearheading the fight against what he considers false advertising on his beer pour. The proposed class-action suit, filed this week in a Texas federal… read more
Jarrett | March 19, 2024 | Uncategorized
Hyundai Owner Files Suit Against Vehicle Manufacturer
Connie King, a resident of the Houston suburbs, recently filed a class action lawsuit on behalf of herself and others against Hyundai Motors. After owning her Santa Fe for several years, she was unable to open the gas tank door on her own. When she… read more
Jarrett | February 13, 2024 | Uncategorized
Police Union Falls Victim to Gift Card Draining Scam – Ellzey & Associates, PLLC Lawsuit Featured on KHOU
HOUSTON — The Houston Police Officers Union says they were scammed after purchasing gift cards from a Houston-area Kroger store. “It’s frustrating,” said HPOU president Douglas Griffith. “It’s frustrating trying to help other people and found out you have been scammed.” Griffith was doing what… read more
Jarrett | January 30, 2024 | Uncategorized
Another Trial Win!
Jarrett Ellzey and Leigh Montgomery of Ellzey and Associates secured another win in Hidalgo County, Texas. Ochoa v. Quraishi, M.D. was initially filed in October, 2019. Our client, Ms. Ochoa, filed claims of assault and false imprisonment against her former employer. A jury held her… read more
Jarrett | November 8, 2023 | Uncategorized
Cyberattack Lawsuit Against West Texas Gas
From Bloomberg: A cyberattack targeting a Texas gas company has made 56,000 people susceptible to identity theft, according to a federal class action lawsuit filed Tuesday alleging the company failed to timely notify the victims after the May 2023 breach. The lawsuit against West Texas Gas, Inc…. read more
Jarrett | November 8, 2023 | Uncategorized
Massive chemical plant fire near Houston forces a school to evacuate and residents to shelter in place
CNN — Thick plumes of opaque black smoke billowed into the Texas sky Wednesday after a Houston-area chemical plant caught fire – forcing nearby students to evacuate and residents to shelter in place. The inferno was burning Wednesday morning at the Sound Resource Solutions plant in Shepherd, about… read more
Jarrett | September 29, 2023 | Uncategorized
Burn Injuries and Litigation
It may not be obvious but hot coffee, batteries, crock pots and fires all have a common theme: burns. With so many factors and possibilities, sometimes being careful isn’t enough to avoid injury. Improper temperature, broken devices, explosions, chemical spills and other accidents aren’t always in… read more
Jarrett | September 27, 2023 | Uncategorized
Judge Won’t Strike Class Claims From Sirius XM TCPA Row
Law360 (September 26, 2023, 3:23 PM EDT) — An Illinois federal judge has thrown out one claim in a proposed class action over Sirius XM Radio’s telemarketing practices but refused to strike the class allegations, saying the lead plaintiffs have adequately alleged for now that… read more
Jarrett | June 13, 2023 | Uncategorized
EA Wins Arbitration Award in FLSA Case
Just two days after Jarrett Ellzey and Leigh Montgomery obtained jury verdict from a Harris County, Texas jury, a private arbitrator awarded $177,000 and change (excluding attorneys’ fees) in an FLSA arbitration. That proved to be a really nice week for a couple of our… read more
Jarrett | June 8, 2023 | Uncategorized
EA Wins Another Trial – $528,000 in Workers Comp. Retaliation and Fraudulent Misrepresentation Case
It’s a bummer for an evil supervisor when the “undocumented worker” you hurt on the job is actually documented and shows back up to jam Texas law down your throat. Next time, take care of your personnel and don’t hide the workers comp insurance you… read more
Jarrett | May 30, 2023 | Uncategorized
Fighting Sexual Abuse of Minors in Camps, Schools, Work, and Professional Offices
The twisted temptation to take advantage of vulnerable young people in settings where they are even more vulnerable has existed for ages. Now, however, predators have new tools to lure minors and document encounters – smart phones and social media. Ellzey & Associates has experience… read more
Jarrett | April 3, 2023 | Uncategorized
Ellzey & Associates Prevails in Ninth Circuit on TCPA Appeal
In a surprising ruling over a year ago, the magistrate and district court granted the Defendant’s preemptive Motion to Decertify Plaintiff’s Class Action before we even had a chance to conduct class discovery. This case involves allegations of Defendant New Penn Mortgage Company’s violation of… read more
Jarrett | March 3, 2023 | Uncategorized
Ellzey & Associates Disgorges Fees From Defendant Attorney for Breach of Fiduciary Duty
After a five-day jury trial, Jarrett Ellzey and Leigh Montgomery obtained a verdict on behalf of their client for breach of fiduciary duty against her former attorney. Plaintiff alleged her family attorney over-billed her for services related to a child custody action. The jury agreed,… read more
Jarrett | February 27, 2023 | Uncategorized
Ellzey & Associates Obtains Class Certification Against TCPA Violator
Class Action attorneys of Ellzey & Associates prevailed on their Motion for Class Certification against an alleged serial TCPA Violator. Here is the text of the Court’s Memorandum: “In 1991, Congress reacted to “consumers[’] . . . outrage[] over the proliferation of intrusive, nuisance [telemarketing]… read more
Jarrett | February 9, 2023 | Uncategorized
Los Angeles Media Covers Ellzey & Associates Jury Verdict
Carpenter & Zuckerman and Ellzey & Associates Law Firms Win $212K Jury Verdict Against Austin’s Yellow Rose Adult Entertainment Club For Multiple Fair Labor Standards Act Violations AUSTIN, Texas, Aug. 23, 2022 /PRNewswire/ — The trial law firms Carpenter & Zuckerman (CZ Law) and Ellzey… read more
Jarrett | February 9, 2023 | Uncategorized
Class Action Filed Against Logan Paul, CryptoZoo
Logan Paul and the Co-Defendants promised a product — this NFT ecosystem, the ability to change animals — and promoted the product as an investment game that would make the players money. As those words were being spoken to unwitting consumers investing millions collectively in… read more
Jarrett | January 16, 2023 | Uncategorized
Ellzey & Associates Sue CryptoZoo, Logan Paul
We have initiated the first of what will be many, many arbitrations against CryptoZoo and its founders. We patiently waited with our clients for Logan Paul and the CryptoZoo team to evaluated the situation and ultimately do the right thing. The options outlined in Mr…. read more
Jarrett | January 7, 2023 | Uncategorized
Another Scammer? The Country is Tiring of Narcissists and Sociopaths.
This firm thrives on investigating fraud. We’ve seen it all, but we are still so often shocked over both the brazenness of the schemes themselves, and their masterminds’ lack of interest in apologizing for or explaining why they provided nothing in return for the money… read more
Jarrett | November 30, 2022 | Uncategorized
Arbitration Nullification – Be Ready for this Defense Strategy
Defendants typically favor arbitration for several reasons. Plaintiffs typically fear arbitration, or at a minimum, view the process with a high degree of skepticism. Both attitudes are unjustified most of the time, especially when the parties have agreed to use institutional ADR shops like AAA… read more
Jarrett | October 18, 2022 | Uncategorized
Spinal Cord Stimulator Injury Lawsuit
WHAT IS A SPINAL CORD STIMULATOR? Chronic back pain is a common problem facing many Americans today. Those who deal with this all-consuming condition generally begin their fight against the pain using conservative measures, such as over-the-counter painkillers, acupuncture, steroid injections, and chiropractic treatments. As… read more
Jarrett | September 20, 2022 | Uncategorized
What is the Texas Medicaid Fraud Prevention Act?
INTRODUCTIONHave you witnessed a person or company (government contractor) commit fraud on, or otherwise abuse, the Medicaid system? If you have, and you have evidence to prove it, you may be able to file a claim under the TMFPA. You may even have an actionable… read more
Jarrett | September 20, 2022 | Uncategorized
What is a Qui Tam Case and How Does it Work in the Real World?
The following information has been provided by the Justice Department: The False Claims Act, 31 U.S.C. § 3729 et seq., provides for liability for triple damages and a penalty from $5,500 to $11,000 per claim for anyone who knowingly submits or causes the submission of… read more
Jarrett | July 22, 2022 | Uncategorized
Ellzey & Associates Obtains FLSA Verdict in Western District of Texas
After a well-defended battle against an established labor firm, we got a nice win for two plaintiffs against the exotic dance club Yellow Rose. The damages received the full amount of damages requested from the jury, including all back minimum wages, all coerced tip-outs, and… read more
Jarrett | June 22, 2022 | Uncategorized
What is a Whistleblower, really?
If you want a two-minute answer to this question, watch this video: The False Claims Act (31 U.S.C. § 3729) is a federal law that includes a provision that allows people who are not affiliated with the government to file actions against government contractors for… read more
Jarrett | June 17, 2022 | Uncategorized
What Will My Brain Injury Lawsuit Be Like? Anatomy of a Civil Case in Texas
Every new client asks, “what can I expect once I sign up with you?” After hearing this question so many times, I decided to put my answer into writing for all new clients and potential clients to see. The outline below uses the backdrop of… read more
Jarrett | May 5, 2022 | Uncategorized
Can I Sue for Sexual Abuse or Assault by Mental Health Facility or Hospital?
Ellzey & Associates, PLLC recently filed a sexual assault lawsuit against a mental health facility. The nature of this claim under Texas law is medical malpractice; however, other common law and statutory claims may come into play. But because this case involves a health care… read more
Jarrett | April 20, 2022 | Uncategorized
What is My Burn Injury Case Worth?
In reflecting on the injury cases I have handled, the two most horrific injuries a human being can suffer as a result of someone’s negligence are burns and brain injuries. Burns leave the victim with a lifetime of disfigurement, pain, and all the emotional damage… read more
Jarrett | April 2, 2022 | Uncategorized
What is the Minor Settlement Process in Texas?
Minor settlement hearings are almost always required in cases involving an injury to a person under the age of 18. This process allows the court to consider the facts of the case, the injuries at issue, the risk of continuing litigation. The court considers all… read more
Jarrett | March 21, 2022 | Uncategorized
Ellzey & Associates, PLLC Scores Another Offensive Summary Judgment in FLSA Case
Here we go again. Less than twenty days has passed since Judge Andrew Hanen of the Southern District of Texas granted summary judgment in favor of exotic performers in a wage and hour case. In that time, Magistrate Judge Dustin Howell found in favor of… read more
Jarrett | March 2, 2022 | Uncategorized
Ellzey & Associates wins Summary Judgment for FLSA Plaintiffs
Ellzey & Associates, PLLC and its co-counsel John Kristensen of Carpenter Zuckerman in Los Angeles prevailed on an offensive motion for summary judgment against Polekatz in Houston. It nearly every case, the defendant clubs argue that the dancers are not employees and are instead independent… read more
Jarrett | March 2, 2022 | Uncategorized
What is the Texas Whistleblower Act? Chief of Police Files Suit Against City of Harlingen
Under Texas Government Code Section 554.002, an employee of a state or local government is protected from retaliation for reporting, in good faith, a violation of law. When a state or local governmental unit retaliates against an employee who reports a violation of law, the… read more
Jarrett | February 21, 2022 | Uncategorized
Ford Death Wobble Injury Attorneys
Ellzey & Associates, PLLC is currently accepting cases involving injuries caused by the Ford Death Wobble. This problem is caused by the abnormal and premature wearing of loosening of the suspension parts of certain Ford Trucks. If you own a Ford F-250, F-350, F-450, or… read more
dev-admin | October 8, 2021 | Uncategorized
The Big Question – What is my personal injury case worth?
Why does every potential client ask this question? Because most people who come to me are worried about how they are going to pay their bills after suffering a serious and debilitating injury. Unfortunately, the answer is not a simple. It does not appear in… read more
dev-admin | September 14, 2021 | Uncategorized
ATTN Good Faith Whistleblowers – You will not Violate HIPAA by Disclosing Certain Info to Attorney
If you are a potential healthcare whistleblower (say, someone about to blow the whistle on Dr. Fraud for overfilling Medicare), it is legal for an employee of a covered entity to take PHI from their employer and disclose it to a lawyer so that the… read more
dev-admin | September 11, 2021 | Uncategorized
How to Stop Telemarketers in a Way that Benefits All!
How do I Sue Telemarketers for Violating the Telephone Consumer Protection Act (the “TCPA”)? You are entitled to a minimum of $500 and a maximum of $1,500 per illegal call. Here are the primary methods for stopping the calls and obtaining compensation: You may file… read more
dev-admin | September 1, 2021 | Uncategorized
Alleged Nurse-Beating Texas Doc Can’t Evade Assault Claims
The Texas Medical Liability Act, along with numerous other Tort Reform measures, were enacted in 2003, now eighteen years ago. This law was meant to protect physicians and health care entities from “frivolous lawsuits.” The statute, among other things, limits non-economic damages to $250,000 per… read more
dev-admin | August 26, 2021 | Uncategorized
What is a Brain Injury – Symptoms, Diagnosis, and Lawsuit
Brain injury symptoms and care is complex as it involved both physical and psychological health. Legal cases related to these injuries may also be complex as symptoms vary and can even manifest well after the initial accident, sometimes weeks to months. It’s important to consult… read more
dev-admin | August 20, 2021 | Uncategorized
Healthcare Whistleblower Protection In Texas – Report a Violation Now!
WHO CAN BLOW THE WHISTLE ON A HOSPITAL, MENTAL HEALTH FACILITY, OR TREATMENT FACILITY? The answer is quite simple – anyone. If you are an employee of a hospital, mental health facility, or treatment facility, you can blow the whistle on these folks and sue… read more
dev-admin | August 20, 2021 | Uncategorized
How Can I sue for Wrongful Termination in Texas?
1. The At-Will Doctrine and Its Exceptions. Texas is a pro- business state and recognizes the at-will employment doctrine. This means, in a general sense, that an employer may terminate an employee for any non-discriminatory reason. Simply put, a boss can terminate a subordinate simply… read more
dev-admin | August 5, 2021 | Uncategorized
Misclassification of Exotic Dancers as Independent Contractors. Big No-No.
Here’s a little known fact: a gentlemen’s club may not charge an exotic dancer fees to work at the club if the club is attempting to classify dancers at independent contractors. This practice violates the Fair Labor Standards Act. Great article from the Houston Chronicle… read more
dev-admin | August 5, 2021 | Uncategorized
Exotic Dancers Get Class Cert. In Texas Wages Suit
This article came out in Law360 just before the Fifth Circuit Court of Appeals issued the Swales opinion, which requires some legwork in discovery before certification. So, we have to do a little more work. That’s what we do every day. I expect the coverage… read more
dev-admin | August 2, 2021 | Uncategorized
Don’t Hire a Lawyer While Under The Influence…
…of bad marketing. This includes promises, guaranteed results, or outlandish claims of past triumphs. The old adage is, if it sounds to good to be true, it probably is. I am passionate about this subject for two big reasons – bad marketing practices are dangerous… read more
dev-admin | July 26, 2021 | Uncategorized
The Glaringly Obvious Problem With Elected Justices
Guys like me knew this already. But it is disturbing to see it in print. I need not write more… https://www.houstonchronicle.com/politics/texas/article/After-250k-in-political-support-from-Apache-16336149.php After $250k in political support from Apache Corp., Texas Supreme Court does a rare double takeLast fall, it seemed that Apache Corp., the giant… read more
dev-admin | July 21, 2021 | Uncategorized
The Evidentiary Black Hole
Gather everything you think you will need for your lawsuit before you contact your lawyer. Why? Because the defendant in your case almost always has exclusive control of the evidence and the narrative once the case begins. This means that the defendant, an unscrupulous one,… read more
dev-admin | July 21, 2021 | Uncategorized
Give me your tired…
Give me your tired, your poor, your huddled masses… Says Lady Liberty at the mouths of the Hudson and East Rivers. I’m saying it to you – give me your poor and downtrodden because that is who needs the protection of the Seventh Amendment –… read more
dev-admin | May 25, 2021 | Uncategorized
New Website Address
Ellzey & Associates have updated their website, which can now be found at EllzeyLaw.com.
dev-admin | May 25, 2021 | Uncategorized
Houston Brain Injury
If you or a loved one has been involved in an accident causing brain injury please contact an attorney at Ellzey & Associates. You may be entitled to compensation.