TypeLaw Briefing Insights

MAY 9, 2024

Formatting a brief for a Texas court Filing a compliant, well-formatted brief demonstrates your professionalism, establishes credibility with the court, and ensures that your brief wont be rejected for technical errorssuch as not adhering to specifications around margins, font size and type, citation format, and other formatting details.

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Patently O

JULY 17, 2024

In a recent decision out of the Southern District of Texas, Judge Lee Rosenthal found the patent infringement case brought by VDPP against Volkswagen to qualify for sanctions under the Patent Act 35 U.S.C. § 1927 and its inherent powers to directly sanction VDPP’s attorney William P. The court also relied upon 28 U.S.C.

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The Crime Report

JULY 9, 2021

attorneys investigated 1,864 suspects in matters involving violations of federal hate crime laws during that period, said a BJS report released Thursday. attorneys’ offices and the Civil Rights Division of the U.S. attorneys declined to prosecute 82 percent of suspects, while prosecuting only 17 percent, according to the BJS.

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Diane Drain

APRIL 15, 2021

. “The policy of this (long-standing) consumer protection law is that no family should lose its shelter, which is necessary for their survival and ability to work,” said Phoenix bankruptcy attorney Diane Drain. ” Tucson attorney David Hameroff agrees. Arizona bankruptcy attorneys are among those who oppose.

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SCOTUSBlog

SEPTEMBER 24, 2021

In Texas v. Haaland , Texas has filed a petition asking the justices to review ICWA provisions that, in the state’s view, the 5th Circuit erroneously upheld. whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the petitioners in this case. In Cherokee Nation v. Finally, in Brackeen v.

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SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. Texas Entertainment Association, Inc. However, the U.S.

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Patently O

DECEMBER 5, 2022

Back in 2021, Bel Power sued Monolithic for patent infringement in Waco Texas. Congress amended the venue statutes so that, in most cases, venue rises and falls with personal jurisdiction. In the late 1800s Congress created a special venue statute for patent cases that has stuck despite changes in the general law.

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The Crime Report

FEBRUARY 7, 2022

But civil remedies against individual officers are inadequate to address police misconduct, argues civil rights attorney Jennifer Hickey of the Emory University School of Law. As high-profile police killings persist, many victims have turned to private litigation as a path to justice.

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The IP Law Blog

SEPTEMBER 30, 2021

In September 2020, Plaintiff Brazos filed five related patent infringement actions in the United States District Court for the Western District of Texas against Defendant OnePlus, a Chinese company. Therefore, the Federal Circuit held OnePlus’s reliance on the service requirements of the Texas long-arm statute are not applicable here.

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Patently O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. The statute for proper venue in patent narrowly proscribes appropriate venues and the Federal Circuit has further limited venue with its aggressive granting of mandamus actions on convenience grounds. Ikorongo Texas LLC, v. 35 U.S.C. §

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Constitutional Law Reporter

NOVEMBER 5, 2024

Facts of the Case In 2019, Sylvia Gonzalez ran for a seat on the city council of Castle Hills, a small town in southern Texas. A private attorney tasked with leading the investigation concluded that Gonzalez had likely violated a Texas anti-tampering statute that, among other things, prohibits a person from intentionally “remov[ing].

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Patently O

OCTOBER 11, 2021

” Hurdle of Concrete Harm : Although the APA permits an action to compel agency action, the statute typically requires that the plaintiff be “a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action.” That case is now on appeal. ” 5 U.S.C. Where to Appeal?:

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SCOTUSBlog

APRIL 23, 2023

Both cases arise under the federal firearm statute, 18 U.S.C. § The challenge to the domestic-violence ban comes from Zackey Rahimi of Arlington, Texas. A Texas state court entered a restraining order against Rahimi and revoked his handgun license. Court of Appeals for the 5th Circuit.

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Conflict of Laws

AUGUST 6, 2024

The ULC is a non-partisan, non-profit, unincorporated association comprised of volunteer attorneys appointed by each state of the United States plus the District of Columbia, Puerto Rico, and the U.S. On the one hand, they could seek recognition and enforcement under the federal statute. Virgin Islands.

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Patently O

JANUARY 24, 2022

For those unfamiliar with how cases are assigned in district courts, let’s use the Western District of Texas as an example. The Western District of Texas is a vast district, stretching more than 600 miles across from El Paso (on the western limits of the state) to Waco (which is much nearer to Louisiana than New Mexico).

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Litigation Litigating Court Statute 60

The Crime Report

DECEMBER 20, 2021

The measures range from requiring certification that prosecutors have followed the rules of discovery to eliminating the “absolute” immunity from lawsuits currently granted to prosecuting attorneys. Errors of procedure, failure to file appropriate paperwork, missed communications with defense attorneys or the judge are common examples.

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SCOTUSBlog

JULY 22, 2022

This week, we highlight cert petitions that ask the court to consider, among other things, whether the government is correct that a federal identity-theft statute broadly applies to anyone who merely says or writes someone else’s name while committing a crime, or instead requires intentional misrepresentation of identity.

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Constitutional Law Reporter

DECEMBER 16, 2022

David Dubin was the managing partner of PARTS, a psychology practice in Texas. United States is whether identity theft occurs anytime a person uses someone else’s name in the commission of a crime. Facts of the Case. In April 2013, a treatment facility in San Antonio asked PARTS to evaluate a child known as Patient L.

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Patently O

JULY 16, 2024

But LaPray is in Texas, nowhere near Delaware. Although a district court’s exercise of its inherent powers cannot contradict an express limitation in a rule or statute, Rule 45 governs only subpoenas requested by parties or attorneys. Ashcroft , 353 F.3d 3d 228 (3d Cir. 2003) (witness testimony important). Compelling Ms.

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Patently O

JULY 2, 2023

As readers of this blog surely know, the Federal Circuit decides venue questions all the time, usually through petitions for writs of mandamus by defendants seeking to escape the Eastern or Western Districts of Texas. In a forthcoming article , we provide examples from areas as varied as copyright, antitrust, and attorney-client privilege.

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Laws Litigation Litigating Law School 59

JonathanTurley

JUNE 9, 2023

California Attorney General Rob Bonta (D) chimed in, declaring the flight from Florida might be “ State-sanctioned kidnapping.” Attorney for the District of Massachusetts, announced that she was taking a look, “long and hard,” at potential charges. Gavin Newsom (D-Calif.) Ron DeSantis (R-Fla.)

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SCOTUSBlog

AUGUST 25, 2023

Last week the federal government encouraged the justices to review a pair of petitions involving two nearly identical laws in Florida and Texas that seek to regulate how large social media platforms can block, remove, or demonetize user content. A list of all petitions we’re watching is available here. Argent Trust Company v.

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ClimateChange-ClimateLaw

JUNE 14, 2023

As these allegations of antitrust violations have risen to the fore, Republican Attorneys General have also taken aim at asset managers’ responses to ESG-related shareholder proposals. There are several statutes that form the basis of our antitrust laws. And what are the permissible boundaries of that behavior?

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Finance Government Laws Legal 105

LawSites

DECEMBER 29, 2021

7 warning that “any proposal that would materially change current consumer protections for clients receiving legal services and fundamentally alter the sacrosanct principles of the attorney-client relationship would be heavily scrutinized by our committees.”. Tom Umberg, D-Santa Ana, wrote a letter to bar leaders on Dec. Lee Partners.

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TypeLaw Briefing Insights

JULY 24, 2024

Mastering legal citations demonstrates professionalism If youre an appellate attorney, writing accurate legal briefs is crucial, and that includes using the right citation terms. is a fundamental skill for appellate attorneys aiming to write precise, rule-compliant legal briefs. Two terms youll often encounter are id. What does ibid.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. The district attorney ultimately declined to pursue the charges against Gonzalez.

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Customs & International Trade Law

OCTOBER 28, 2022

District Court for the Western District of Texas, Claudia Delgadillo (‘‘Delgadillo’’) was convicted of violating 18 U.S.C. USITC received a complaint on September 16, 2022, under the Tariff Act of 1930, as amended, on behalf of EDST, LLC of Lubbock, Texas and Quext IoT, LLC of Lubbock, Texas.

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MyCase

APRIL 24, 2024

Survey respondents confirmed they use GAI to streamline firm processes, from drafting marketing content to finding specific statutes. In 2024, courts rejected a law firm’s use of ChatGPT as a source to justify the firm’s hourly rates in a motion seeking prevailing party attorneys’ fees.

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JURIST

AUGUST 27, 2023

Texas District Court Judge Maria Cant ú Hexsel temporarily blocked SB 14 , which bans gender-affirming care for minors and restricts children already taking gender-affirming prescription drugs, from going into effect on Friday. The case is in the District Court of Travis County, Texas. The ACLU of Texas represents the plaintiffs.

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JURIST

FEBRUARY 26, 2023

US District Judge Robert Pitman Friday ruled that Texas abortion funds cannot be prosecuted for aiding women who travel out of Texas to get abortions. In August 2022, numerous abortion funds, pro-choice groups and non-profit organizations brought the lawsuit against Texas Attorney General Ken Paxton.

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LawSites

DECEMBER 29, 2021

7 warning that “any proposal that would materially change current consumer protections for clients receiving legal services and fundamentally alter the sacrosanct principles of the attorney-client relationship would be heavily scrutinized by our committees.”. Tom Umberg, D-Santa Ana, wrote a letter to bar leaders on Dec. Lee Partners.

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ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” Clean Air Council v. Pruitt , No. 17-1145 (D.C. 47641-0-II (Wash. June 20, 2017).

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JURIST

APRIL 4, 2025

They argued that the provision did not use affirmative language within the statute’s text to create a right for consumers, nor was the provision within a larger Bill of Rights, which would have indicated the intent to confer a right. Texas Attorney General Ken Paxton made the first arrest of an abortion provider in March.

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SCOTUSBlog

APRIL 17, 2025

Texas to answer the question whether a trial court abridges a defendants Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendants testimony during an overnight recess. It reasoned that loss and miscarriage cover intentional acts, as the statute only qualifies transmission with negligent.

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The Crime Report

SEPTEMBER 17, 2021

Another Texas inmate, Ruben Gutierrez, who was set to be executed on Oct. A judge granted a request by the Cameron County District Attorney’s Office to vacate the execution date. His attorneys cited the Constitution’s First Amendment and a federal statute that protects an inmate’s religious rights.

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SCOTUSBlog

NOVEMBER 16, 2022

United States , involving the scope of the federal “identity theft” statute. Abbott , concerning redistricting for the Texas state legislature, and particularly its senate district 10, encompassing portions of Fort Worth. Texas , 21-1601. The Supreme Court continued to work through its backlog of relists. relisted after the Nov.

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JURIST

SEPTEMBER 11, 2021

The US Department of Justice (DOJ) on Thursday filed a lawsuit challenging a highly controversial Texas law, Senate Bill (SB8) , which bans all abortions after six weeks and authorizes citizens to report individuals who assist or intend to assist people seeking to terminate their pregnancies. Wade and Planned Parenthood v.

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