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Plastronics Socket split into two companies: Plastronics Socket and Plastronics H-Pin under Texas “divisive merger” statute. (It is odd, but under Texas law, a division in this way is legally defined as a merger). Statute of Limitations : Plastronics also had a counterclaim. See Hooks v. 3d 52, 68 (Tex.
A US federal judge in Florida ruled on Thursday that the Federal Trade Commission’s (FTC) impending ban on non-compete clauses in employment contracts is likely unlawful and enjoined it. The judge concluded that the relevant statute here, Section 6(g) of the FTC Act, “falls short” of doing so.
Jane Cummings, who is deaf and legally blind, sued Premier Rehab (a Texas rehabilitation facility that receives federal funding) for discriminating based on disability in violation of the Rehabilitation Act and the Affordable Care Act. In Thursday’s ruling in Cummings v. Check back soon for in-depth analysis of the opinion.
Jane Cummings sued Texas-based Premier Rehab for discriminating based on her disability in violation of the Rehabilitation Act and the Affordable Care Act. Specifically, funding recipients are on notice that they are subject to the remedies traditionally available in suits for breach of contract. Premier Rehab Keller, P.L.L.C. ,
The Supreme Court has ruled that victims of discrimination, which is forbidden by four federal statutes, may not sue if the only harm was emotional distress, reports the New York Times. Breyer arguing in dissent that some sorts of contracts can give rise to suits for emotional harm.
Share A pair of challenges to controversial social media laws in Texas and Florida and a dispute over whether to freeze the Environmental Protection Agency’s plan to reduce ozone levels across the United States headline the Supreme Court’s February 2024 argument calendar , which was released on Friday morning. Paxton and Moody v. Suski (Feb.
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. In Cherokee Nation v. Brackeen , the Cherokee Nation and three other tribes have filed a companion petition in defense of ICWA’s constitutionality. Finally, in Brackeen v.
Board of Governors of the Federal Reserve System , the justices agreed to decide when the six-year statute of limitations to challenge an action by a federal agency begins to run: Is it when the agency issues the rule, even if the plaintiff has not yet suffered any injury from the action; or is it instead when the plaintiff is actually injured?
It marks a major victory for states that seek to innovate or tinker with their election laws — to expand them or to contract them. States will have ample freedom to innovate, to expand opportunities to vote, and, if they see fit, to contract them. And it rejected a challenge to the presidential election in Texas v.
The case was brought by journalist Abby Martin who was denied a contract as a keynote speaker at Georgia Southern University due to her support of the BDS movement. Martin accepted the contract which called for the payment of a $1,000 honorarium as well as costs of travel and lodging. ” She was then denied the contract.
CLMS obtained property insurance from Lloyds’ underwriters for a townhouse complex in Texas that CLMS operated. But Washington law prohibits the use of arbitration clauses in insurance contracts, and CLMS argued that under the McCarran-Ferguson Act and the doctrine of reverse preemption, state law preempted the Convention.
There are several statutes that form the basis of our antitrust laws. Early anti-ESG bills in Texas deployed boycott language to prohibit government entities from investing in companies that restrict funding to fossil fuel companies. And what are the permissible boundaries of that behavior?
Survey respondents confirmed they use GAI to streamline firm processes, from drafting marketing content to finding specific statutes. All client data should be removed from contracts, descriptions, and research outlines. Contract review: Review this legal brief for grammar, punctuation, and clarity.
The report offered the example of the Texas court system, which had never held a civil hearing by video before the pandemic, but which conducted 1.1 Beginning in March 2020, Pew found, courts adopted technology at unprecedented speed and scale, initiating online hearings and moving other routine functions online, such as electronic filing.
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.
Texas authorities say they have the right to keep it under civil forfeiture statutes. If police and prosecutors succeed, Texas law will let them keep 100 percent of the proceeds for themselves without ever filing criminal charges against anyone. Photo courtesy Institute for Justice. Neither did compliance.
In 2016, she sought physical therapy services for back pain from respondent Premier Rehab, a company that operates rehabilitation facilities in Texas and receives federal funds. The same is true, in effect, of other antidiscrimination statutes, such as Title IX. Cummings primarily communicates in American Sign Language.
The report offered the example of the Texas court system, which had never held a civil hearing by video before the pandemic, but which conducted 1.1 Beginning in March 2020, Pew found, courts adopted technology at unprecedented speed and scale, initiating online hearings and moving other routine functions online, such as electronic filing.
Jessie is a board certified trial paralegal in Texas. I decided I wanted to get a paralegal certificate through a program that the University of North Texas offered. What I did learn was how to look up statutes and cases. I learned that you’re a board-certified trial paralegal in Texas and that you did that in 2018.
The justices agreed to hear the case of Texas inmate Rodney Reed , who was sentenced to death for the 1996 rape and murder of Stacey Stites. A state trial court turned him down, prompting Reed to file a federal civil rights lawsuit challenging the constitutionality of the Texas law governing post-conviction DNA testing.
Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.”. United States v. Please check back for updates.
Meanwhile the Fifth Circuit enforced a forum selection clause in an insurance contract choosing British Virgin Island courts despite evidence that the claims stood little chance in those courts. Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework.
Professors Robert Leider and Nelson Lund and the Buckeye Firearms Association write that the 1328 Statute of Northampton — a medieval English law that some gun-control advocates say reflects a centuries-long tradition of regulating weapon in public — merely prohibited carrying arms when doing so created public terror. Views Of The Framers.
Coverage of federal fraud statutes Porat v. James Garfield Broadnax, who is Black, was convicted of murdering two people, both of whom were white, by a nearly all-white jury in Texas. Texas mandate that courts deem the standard of “significantly subaverage intellectual functioning” for determining intellectual disability in Atkins v.
1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.
It is used in conjunction with the drug misoprostol, which causes the uterus to contract, expelling the pregnancy. District Court for the Northern District of Texas by a group of doctors and medical groups opposed to abortion. The dispute now before the Supreme Court was filed in the U.S.
The Republican-led “anti-ESG” (environmental, social, governance) movement over the last two years has largely been a legislative effort, comprised primarily of state-level bills that attempt to halt the consideration of climate risk and other commonplace factors in investment decisions connected with government funds, contracts, and pensions.
Department of Energy’s (DOE’s) authorization of liquefied natural gas (LNG) exports from three facilities in Louisiana, Maryland, and Texas. The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. Resolute Forest Products, Inc.
Circuit Found Deficiencies in Climate Change and Environmental Justice Analyses for Texas LNG Export Terminals. In addition, the court rejected the federal-officer removal statute, federal enclave jurisdiction, and the Class Action Fairness Act as grounds for removal.
4] Canadas statute is an updated version of what have been called constituency statutes in the United States, which explicitly expand the fiduciary duties of corporate managers and directors beyond shareholders but do not usually include the environment among allowable factors, except in Arizona and Texas. [5]
The earlier cases in which the court took that unusual step involved Texas’ restrictive anti-abortion law and a religious-liberty claim from a man on death row.). The states argue that the provision on which the government relies is a “housekeeping statute” that does not give HHS the broad power that the government claims.
The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. BP America Inc. , 1:20-cv-01429 (D. Exxon Mobil Corp. City of San Francisco , No. 20-0558 (Tex.
Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. Court of Appeals for the 8th Circuit affirmed that ruling. Relisted after the Jan.
These cases reflect the judiciarys ongoing role in interpreting federal statutes, balancing individual rights against governmental power, and resolving contentious social and political questions. EL Paso County , which examined Fourth Amendment protections in the context of abusive strip searches, and Texas v. Universal Navigation Inc.
In 2022, Texas, along with several other states and industry groups representing fuel manufacturers (together, Petitioners), challenged EPA’s new emissions standards in court. On March 2, the Sabin Center filed a brief in Texas v. entered into more than 70 contracts to procure renewable energy, totaling more than 13,000 megawatts.
Representative Keith Self of Texas introduced a bill that would move CBP headquarters from Washington to Texas. Industry News The International Longshoremens Association (ILA) and United States Maritime Alliance (USMX) have reached a tentative agreement on all items for a new six-year Master Contract.
Circuit also concluded that two petitioners—Texas Public Policy Foundation and Competitive Enterprise Institute—lacked organizational standing to challenge EPA’s authority to promulgate the ACE Rule. The magistrate judge concluded that the suit was barred by the statute of limitations. Finally, the D.C. WildEarth Guardians v.
A few days after the California court issued its order, North Dakota and Texas asked the Wyoming federal court to lift a stay that the court had imposed in December 2017. Jacobson’s lawsuit asserted defamation, breach of contract, and promissory estoppel claims. The two states said the circumstances providing a basis for the stay (i.e.,
Texas, Becerra v. Texas (2021) and Ohio v. Texas (2022), she emphasized deferring to lower courts, criticizing the Courts rushed timeline and its adoption of an untested jurisdictional theory. Texas (2023), Barretts skepticism toward broad standing claims became more evident. The other cases were Bittner v. In Biden v.
Career Colleges and Schools of Texas. An association of private, for-profit colleges in Texas went to federal court to challenge that regulation. Career Colleges and Schools of Texas 24-413 Issues : (1) Whether the U.S. Last April, the 5th Circuit agreed with the challengers and invalidated the rule. Department of Education v.
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