LawSites

MARCH 26, 2024

The plaintiff, Silvia Diaz-Roa , filed the lawsuit against Hermes Law , a Texas law firm, and ClaimDeck , a litigation management system for insurers and insurance-defense firms that spun out of Hermes Law. I emailed Dwayne Hermes asking if he wished to respond but I have not heard back from him.

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Constitutional Law Reporter

APRIL 20, 2022

USERRA’s cause of action against state employers may be pursued only in state courts, which a Texas court found to be unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers. Please check back for updates.

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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation. The post SCOTUS Poised to Decide Fate of Chevron Doctrine appeared first on Constitutional Law Reporter. 837 (1984).

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Statute Cause of Action Entertainment Court 52

JURIST

OCTOBER 9, 2021

The Fifth Circuit Court of Appeals on Friday has temporarily reinstated Texas’ six-week abortion ban after a lower court had blocked the law just two days earlier. The controversial law was blocked by Judge Robert Pitman on Wednesday after a complaint was filed by the Department of Justice (DOJ). Texans deserve better.”

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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. Two new cases were granted on Monday from the rolls of relisted cases. She alleges that U.S.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.

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Court Government Litigating Litigation 59

JURIST

OCTOBER 7, 2021

A judge from the US District Court for the Western District of Texas in Austin on Wednesday temporarily blocked Texas’ restrictive abortion ban, which took effect in September. In a statement, Attorney General Merrick Garland called the Texas law “clearly unconstitutional.”

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SCOTUSBlog

APRIL 26, 2024

Medical Marijuana notes that the Supreme Court indicated – a bit offhandedly, in an opinion addressing another issue – that RICO’s private cause of action “exclud[ed], for example, personal injuries.” If granted, it should make for an interesting argument. The district court refused, but the U.S. Last up is Bufkin v.

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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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SCOTUSBlog

JANUARY 2, 2024

This week, we highlight petitions that ask the court to consider, among other things, whether AEDPA bars a man on death row in Texas from arguing that his attorney abandoned him because doing so would require an unlawful “second or successive” petition for habeas corpus. Ferreyra v.

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SCOTUSBlog

MARCH 30, 2022

Texas Department of Public Safety , with Justice Clarence Thomas participating remotely after his hospital stay last week. The department responded that as a state agency, it was immune from suit, and a Texas court agreed and dismissed the suit. Texas Solicitor General Judd Stone arguing for the Texas Department of Public Safety.

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Statute Cause of Action Court Government 100

Constitutional Law Reporter

SEPTEMBER 27, 2021

Supreme Court recently declined to block enforcement of a Texas law that prohibits abortions after six weeks of pregnancy. The Texas law at issue, S.B. Unlike other abortion laws, S.B. A divided Supreme Court rejected the request for injunctive relief, thereby allowing the Texas abortion law to take effect.

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Laws Court Cause of Action Constitutional Law 52

SCOTUSBlog

JUNE 20, 2024

In the wake of the heavy use of reservists during the wars in Afghanistan, Iraq, and related military actions, Congress enacted a “differential pay bill” which sought to ensure that reservists whose military pay was less than their civilian pay continued earning at the higher civilian level during deployment. Court of Appeals for the D.C.

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SCOTUSBlog

APRIL 15, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state law that bars licensed therapists from practicing conversion therapy on children violates the First Amendment. Nineteen other states and the District of Columbia have similar laws. But the 9th Circuit disagreed.

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Cause of Action Tort Court Laws 76

Patently O

DECEMBER 6, 2021

as well as claims under the Lanham Act (false advertisement & product disparagement) and under New York State Law (product disparagement, tortious interference, etc). In Brunette, the Supreme Court held that the more-expansive rules of the general law (Section 1391) apply when the defendant is not a US entity. 706 (1972).

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Statute Cause of Action Court Laws 78

SCOTUSBlog

AUGUST 8, 2023

In June, a federal judge in Fort Worth, Texas, had barred the ATF from enforcing the rule anywhere in the United States. Manufacturers and sellers of ghost gun kits and parts went to court to challenge the rule, arguing that its application to ghost guns was inconsistent with federal firearms laws.

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Constitutional Law Reporter

JUNE 1, 2023

Facts of the Case A Texas jury found petitioner Rodney Reed guilty of the 1996 murder of Stacey Stites. The Texas Court of Criminal Appeals affirmed Reed’s conviction and death sentence. In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law.

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Statute Litigation Litigating Cause of Action 52

JonathanTurley

OCTOBER 30, 2022

In October 2021, Danielle Thomas, former exotic dancer known as “Pole Assassin” (and the girlfriend of Texas special teams coach Jeff Banks), found herself embroiled in a Halloween tort after the monkey previously used in her act bit a wandering child at the house of horror she created for Halloween.

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JonathanTurley

OCTOBER 31, 2021

Steven Novak, an artist from Dallas, Texas, believes that Halloween should be a bit more than a traditional plastic pumpkin and a smiling ghost. Police were called to his home in Texas over a possible murder. In the United States, the original tortfeasor is liable for such injuries caused by negligent rescues.

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Tort Litigating Litigation Construction 47

JURIST

JULY 20, 2024

The law leaves designated coed sports and activities untouched but creates a cause of action for students who have been “deprived of an athletic opportunity or suffer[ed]…direct or indirect harm as a result of a school knowingly violating [the bill].” ” The law applies to sports from grades 5-12.

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SCOTUSBlog

JULY 1, 2021

Doe , 20-1374 , concerns whether Section 504 of the Rehabilitation Act (and Section 1557 of the Affordable Care Act, which incorporates its enforcement mechanisms) provides a disparate-impact cause of action for plaintiffs alleging disability discrimination, and whether such claims can be based on facially neutral health-plan terms.

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Compensatory Damages Government Cause of Action Court 102

SCOTUSBlog

OCTOBER 27, 2021

All the action on the relist front after the Oct. Texas , 20-493 , involving gaming on Native American lands, and Denezpi v. It acknowledges a “shallow conflict” on whether federal law impliedly preempts such causes of action, but recommends the court not take the case. 15 conference was on the “output” side.

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SCOTUSBlog

JUNE 16, 2022

Smith , which holds that laws of general applicability that burden religious exercise are not subject to strict scrutiny. He had used Roundup for over 30 years, and argued it caused his cancer. Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn.

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Government Education Court Cause of Action 105

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Circuit Found Deficiencies in Climate Change and Environmental Justice Analyses for Texas LNG Export Terminals. By Margaret Barry and Korey Silverman-Roati.

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SCOTUSBlog

DECEMBER 5, 2024

It appears that the two relisted petitions asking the court to decide whether laws that limit participation on womens and girls sports teams based on sex assigned at birth violates the 14th Amendment and Title IX of the Education Amendments of 1972 are now being held for the transgender-care case United States v. Relisted after the Sept.

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Court Cause of Action Statute Government 108

JonathanTurley

OCTOBER 30, 2023

In October 2021, Danielle Thomas, former exotic dancer known as “Pole Assassin” (and the girlfriend of Texas special teams coach Jeff Banks), found not just herself but her pet monkey and emotional support animal Gia (who once performed with her in her act) in a tort lawsuit. Police were called to his home in Texas over a possible murder.

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Tort Litigating Litigation Construction 57

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The Ninth Circuit also found that modification of the injunction due to EPA’s rulemaking action did not threaten separation of powers. Portland, Oregon.

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Cause of Action Court Government Litigating 96

JonathanTurley

NOVEMBER 27, 2020

Of course, no one would confuse a bottle of Chardonnay with a Turkey, but that does not seem to matter under our increasingly absurd copyright and trademark laws. ————————————————————. To make matters worse, Miller is a convicted felon and is barred under state law from possession of a firearm for hunting or self-defense.

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Tort Statute Criminal Law Court 37

ClimateChange-ClimateLaw

JULY 2, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand.

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Court Litigating Litigation Statute 49

SCOTUSBlog

DECEMBER 1, 2023

We at the Supreme Court mourn the loss of a beloved colleague, a fiercely independent defender of the rule of law, and an eloquent advocate for civics education.” Sandra’s mother, Ada Mae, was the college-educated daughter of a prosperous Texas merchant and rancher. No excuses accepted.”

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JonathanTurley

DECEMBER 23, 2020

The 41-page lawsuit, which seeks unspecified damages for emotional distress and violation of state law for distribution of intimate personal material without Hill’s consent, against defendants Salem Media Group Inc., Sullivan have long limited tort law where it would undermine the first amendment. Mail Media, Inc.,

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Tort Cause of Action Court Constitutional Law 53