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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New Website Address

Ellzey & Associates have updated their website, which can now be found at EllzeyLaw.com.

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.