Legal Opinion

Johnston v. Dexel

District Court, S.D. Texas

Decided March 14, 2019No. CIVIL ACTION NO. H-16-3215PublishedCited by 4 opinions

1Opinion of the Court

Lee H. Rosenthal, Chief United States District Judge

Sherry Lynn Johnston's elderly mother, Willie Jo Mills, died in a nursing home. Johnston alleges that Mills received improper and negligent care that led to her death. Johnston asserted a long list of claims against a number of defendants, all of whom she alleged played some role in hastening or causing Mills's death. The defendants moved to dismiss and, based on those motions, the court dismissed each defendant except for David Dexel and Judge Christine Butts. Johnston's only remaining claims are fiduciary-duty breach against Dexel and…

2Cases cited75 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Taylor v. SturgellSupreme Court of the United States · 2008
  4. In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
  5. Hansberry v. LeeSupreme Court of the United States · 1940

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3Cited by4 opinions

  1. David Higgins, John Callinan, & Ronan Murphy, T/A Berwick Solicitors, LLP v. Helen Brooke McDonaldDistrict Court, D. Maryland · 2026
  2. Garcia v. City of McAllen, TexasDistrict Court, S.D. Texas · 2020
  3. Konecki v. C R Bard IncorporatedDistrict Court, W.D. Texas · 2021
  4. Mason v. Dillon Investments, LLCDistrict Court, E.D. Texas · 2023

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