Estate of Alex v. T-Mobile US, Inc.

3 Citing cases

  1. FastTrac Transp. v. Pedigree Techs.

    618 F. Supp. 3d 858 (D.N.D. 2022)   Cited 2 times

    FastTrac cites to a number of cases from different jurisdictions, but notably, these cases each involve an allegation of personal injury. Turnage v. Oldham, 346 F. Supp. 3d 1141 (W.D. Tenn. 2018) (unlawful detainment); Est. of Alex through Coker v. T-Mobile US, Inc., 313 F. Supp. 3d 723 (N.D. Tex. 2018) (death of an individual). III. CONCLUSION

  2. Wile v. Abbott

    459 F. Supp. 3d 803 (N.D. Tex. 2020)   Cited 5 times

    To recover for a products liability claim under Texas law, a plaintiff must prove: "(1) a product has a defect, rendering it unreasonably dangerous; (2) the product reached the consumer without substantial change in its condition from the time of original sale; and (3) the defective product was the producing cause of the injury to the user." SeeEstate of Alex through Coker v. T-Mobile US, Inc. , 313 F. Supp.3d 723, 732 (N.D. Tex. 2018) (citing Syrie v. Knoll Int'l, 748 F.2d 304, 306 (5th Cir. 1984) ). The defect "must be a substantial factor in bringing about the injury, and a cause without which the injury would not have happened."

  3. City of Port Aransas v. Shodrok

    NUMBER 13-18-00011-CV (Tex. App. Nov. 21, 2019)   Cited 3 times
    Explaining that when determining whether a plaintiff has met its burden to establish a prima facie case under the TCPA's second step, courts "consider the pleadings and any supporting and opposing affidavits"

    To prevail on a cause of action under those provisions, a plaintiff must prove the defendant: (1) intercepted or attempted to intercept, or employed or obtained another to intercept or attempt to intercept a communication or (2) used or divulged information that she knew or reasonably should have known was obtained by interception of the communication. TEX. CIV. PRAC. & REM. CODE ANN. § 123.002(a)(1); see also Estate of Alex through Coker v. T-Mobile US, Inc., 313 F. Supp 3d 723, 731 (N.D. Texas 2018); City of Oak Ridge North v. Mendes, 339 S.W.3d 222, 233 (Tex. App.—Beaumont 2011, no pet.). "Communication" is defined as "speech uttered by a person or information including speech that is transmitted in whole or in part with the aid of a wire or cable."