Cause of action

to any material fact and that he is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); Amedisys, Inc. v. Kingwood Home Health Care, LLC, 437 S.W.3d 507, 511 (Tex. 2014). A defendant is entitled to summary judgment by conclusively negating at least one essential element of the plaintiff’s cause of action or establishing each element of an affirmative defense. Radcliffe v. Tidal Petroleum, Inc., No. 04-15-00644-CV, 2017 Tex. App. LEXIS 1049, at *25 (Tex. App.—San Antonio Feb. 8, 2017, no pet.). “A matter is conclusively established if reasonable people could not differ as to the conclusion to be drawn from the evidence.” Garner Envtl. Servs. v. First in Rescue, Safety & Training, LLC, No. 01-16-00388-CV, 2016 Tex. App. LEXIS 13631, at *5 (Tex. App.—Houston [1st Dist.] Dec. 22, 2016, no pet.). A party moving for summary judgment based on an affirmative defense bears the burden of proving each element of that affirmative defense. FDIC v. Lenk, 361 S.W.3d 602, 609 (Tex. 2012). Defendant Brad Avey is entitled to summary judgement because he can either establish each element of an affirmative defense to or negate at least one element of Plaintiffs’ causes of action.…

October 6, 2014, Jonathan Nessler filed his appearance on behalf of the plaintiff. On October 8, 2014, we filed our motion to dismiss, which attacks both counts of the complaint as being insufficiently pled. Our motion was set for presentment on November 23, 2014, which was the first date that the court had available. However, the court recently notified us subsequent to our filing the motion that Judge Belz, who was assigned to preside over this case, had recused himself because his daughter…

Litigation, Claims and Assessments—On June 12, 2015, a putative class action complaint was filed in the United States District Court, Northern District of California against us. The complaint, which is similar to complaints recently filed against other large insurance companies, primarily alleges that captive reinsurance and other transactions had the effect of misrepresenting the financial condition of AAIA. The complaint purports to be brought on behalf of a class of purchasers of annuity…

Not yet finished, Plaintiffs then claim Frances House did not “tell the reader” what its “purpose” was in challenging certain allegations in paragraph in counts L and LIV. Plaintiff again quotes long passages from its Seventh Amended Complaint and then concludes that paragraph 25 of Counts LII and LVI is “merely a statement of medical fact.” (Pls. Resp. Mot. Dismiss at 29.) Instead of recognizing the obvious, i.e., that alleging “certain actions are indicative” of emotional distress…

Apparently, Ms. Nathan-Nenn has a challenging relationship with her ex-husband, who is also Grey’s father, and had expressed to the insureds several times that she was concerned that she would lose her two weekends a month visitation with Grey if it appeared that she was not providing him with proper care. The insureds felt that as a result, Ms. Nathan-Nenn may be looking to place blame on them for Grey’s alleged continued difficulties. Finally, it is important to note that the parties…

1. Ms. Melody Larson (Ms. Larson) is a young psychologist, whom opened a small medical center with the intentions of taking advantage of an investment opportunity, and renting two or three medical offices to be able to afford the mortgage, maintenance and other related expenses. She developed innovative methods of working with children with speech development problems. 2. In January 2014, she found the ideal place which not only afforded her to open the medical center with space to rent offices,…

dismissed. III. Yuliano’s complaint fails to state a claim where relief can be granted and should be dismissed. Complaints that fail to sufficiently state a claim for relief should be dismissed under Fed. R. Civ. P. 12(b)(6). A complaint can be dismissed if it (1) accepts all of the allegations provided as true, and that the allegations cannot be provided legal relief and; (2) does not state a plausible claim for relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). a. Yulianos…

COMPLAINT On June 2, 2016, the Office of the Bar Counsel received a complaint from Lynette Fast Horse regarding Attorney Paul T. Shane. The complainant, a former employee, believes that Shane has failed to appropriately handle immigration matters. Fast Horse alleges that Murray is in violation of Mass.R.Prof.C. 1.1, 1.2, 1.3, and 8.4(c). FACTS Fast Horse has provided information regarding nine separate complaints, a synopsis of each complaint is as follows: Complaint #1 On March 7, 2016, Myung…

I would continue to insist on keeping my records and opinions out of court unless in a case of abuse. My loyalty is to Danielle and the confidentiality I owe her. I want to protect her privacy to the extent possible (ASCA, FAQ). H. However, if all attempts to avoid relinquishing her records to the court fail, I must submit them for the court (ASCA, FAQ). I. If a breach of confidentiality is forced upon us, ASCA states to “use the most appropriate and least intrusive method to breach…

Depression in action/ and what Causes it Today there are many causes of depression, and researcher’s state there isn 't one cause to it. There also isn’t a reason to why the brain neurotransmitters are imbalanced during depression. However, it is very important for psychologist and researchers to understand the brain activity. Depression can come in either long term or short term. However, some common causes of depression today include PTSD, long term sickness, and stress. Researches…