This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
A Texas federal district judge issued a preliminary injunction on Wednesday that ordered Texas to move its floating barrier from the Rio Grande’s main waters to the riverbank. ” Ezra found that “permission is exactly what federal law requires before installing obstructions in the nation’s navigable waters.”
The US Court of Appeal for the Fifth Circuit blocked an appeal Friday from Texas gun owners and state Attorney General Ken Paxton seeking judicial approval of a Texas gun law that exempts the state from federal firearm silencer regulations.
Gugliuzza, Temple University Beasley School of Law; Jonas Anderson, American University Washington College of Law; and Jason Rantanen, University of Iowa College of Law. Judge shopping, we’ve argued elsewhere , raises concerns about court bias and capture and can make litigation unnecessarily costly and inefficient. .
Texas presents yet another installment in the decades-long conflict between state gambling regulators and Native American tribes. That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. Share Tuesday’s argument in Ysleta del Sur Pueblo v.
Reynolds Vapor Company and a group of retailers based in Texas and Mississippi, primarily fielded questions from just two justices, Justices Sonia Sotomayor and Ketanji Brown Jackson a promising sign for his clients. The question comes to the court as part of the FDAs efforts to regulate the multibillion-dollar vaping industry.
Having received guidance from the Texas Supreme Court that Amazon cannot be held liable for third-party products that are shipped and fulfilled by Amazon, but not manufactured by the company under its brand, the Fifth Circuit on Tuesday reversed a lower court'sdecision that Amazon is a "seller" under the state's law.
Last night, the Texas Supreme Court lifted the temporary restraining order. The decision has not only exposed the Democrats to arrest but it has exposed another claim of bias against the PolitiFact, which lambasted Sen. The lack of case law was at the heart of the “fact check” of the PolitiFact. Ted Cruz (R.,
and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” Dennis Crouch & Homayoon Rafatijo, Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion , 54 Akron Law Ref.
This bill, signed by the Governor, fixes a problem with the provisions of the Texas Business and Commerce Code that grant a security interest in oil and gas production and proceeds to secure the payor’s obligation to pay royalty owners. I have written about this problem before. SB 1259.
Since the Supreme Court struck down New York’s longstanding gun law, lower courts have ruled heavily against restricting guns, reports Jacob Gershman in the Wall Street Journal. . Bruen, held that New York’s law requirement of a license to carry concealed weapons in public places was unconstitutional.
Texas Department of Public Safety , the justices will weigh in on a lawsuit brought against the department by a former state trooper who resigned from his job when the department would not provide accommodations for a respiratory condition resulting from his service as an Army reservist in Iraq. In Torres v. And in LeDure v.
The justices recently granted certiorari in two cases challenging state laws that restrict social media companies’ ability to moderate content on their platforms. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Facts of the Cases The two cases before the Court, Moody v.
Our nonprofit law firm, the Institute for Justice , represents her. Besides Minnesota, the area includes Arkansas, Iowa, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, South Dakota and Texas. Department of Homeland Security agent, who pulled a gun on a Texas mechanic named Kevin Byrd , in a personal dispute.
Washington’s bipartisan redistricting commission redrew the state’s 49 legislative districts, including Legislative District 15, a semi-rural district east of Yakima, and the map was enacted into law. Washington initially defended the district’s lawfulness but later conceded that its lines were invalid. The suit now known as Trevino v.
I addressed some of those issues in a presentation earlier this month at the Texas Association of Broadcasters Annual Convention. In the Texas presentation, I covered some of the many other copyright issues that are on the horizon, many of which we have written about in the pages of this blog. webcasting and Internet radio).
We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). ” O.C.G.A.
The Court’s opinion relies on two Texas Supreme Courtdecisions that were controversial: Natural Gas Pipeline co. Dorchester Minerals, L.P. addressing an interesting issue on adverse possession of a non-operating working interest. One justice dissented. of America v. Pool, 124 S.W.3d 3d 188 (Tex. Marshall, 342 S.W.3d
On October 28 Judge David Jones, US Bankruptcy Court for Southern District in Houston, issued a memorandum opinion in Chesapeake Energy’s bankruptcy (Case No. 20-33233), granting Chesapeake’s motion to reject its contract to sell gas to ETC Texas Pipeline. ” As the court explained, In simple terms, Sec.
Sineneng-Smith , the justices reversed a circuit-courtdecision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Williamson County, Texas. From 2012 to 2016, Hansen earned an estimated $1.8 In United States v.
The family courtdecision was reviewed by Judges Stan Pritzker, John Egan Jr., They admit that the rock was “not addressed by family court or the attorney for the child, the mother’s testimony at the hearing, as well as an exhibit admitted into evidence.” However, the mother’s home was left as the child’s residence.
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].
MoneyGram applied the common-law escheatment practices outlined in Texas v. Multiple States, including Pennsylvania and Wisconsin, argue that the common law does not apply because the abandoned proceeds of the Disputed Instruments are governed by the Disposition of Abandoned Money Orders and Traveler’s Checks Act.
Supreme Court upheld a city ordinance that imposes criminal penalties on homeless sleeping outside. According to the Court, the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. Texas , 392 U.S.
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 Texas federal court said that ExxonMobil’s allegations raised concerns that Healey had issued the CID in bad faith, which would preclude Younger abstention.
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.
This tit-for-tat directive against Texas SB8 is the latest of the bold moves Newsom has taken and responds directly to the Supreme Courtdecision last week. The law became effective at the end of August. JURIST Operations Director Ram Eachambadi files this report from Los Angeles.
The Supreme Court is hitting its stride in sorting through the relists. At its last conference, it granted review of a one-time relist asking whether federal courts must follow state law requiring medical malpractice claims to be supported by an expert affidavit.
First, as I pledged in my last post , I am only too happy to eat crow after predicting that the court would not take one-time relist Villarreal v. Contrary to the occupation you might be expecting based on her last name , Lebene Konan is a landlord who owns rental properties in Euless, Texas. She alleges that U.S.
Justice Clarence Thomas dissented from the courtsdecision, complaining that it had agreed to rewrite statutory text. Justice Samuel Alito wrote his own dissent in which he contended that his colleagues had resolved the dispute based on an issue that the lower court had not reached and the parties had not really addressed.
Share The Supreme Court will hear oral arguments on Feb. 24 in the case of a man on Texas death row who has long tried to obtain postconviction DNA testing on evidence that he says would exonerate him. Now the Supreme Court will weigh in. Gutierrez was convicted of capital murder in 1999 and sentenced to death.
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.
“Fewer patients, smaller staff, an uncertain future: abortion providers await courtdecision on Texaslaw; For two months, providers have had to work in a sort of limbo as they wait to see if the new law passes the Supreme Court’s review.”
Share Wednesday’s decision in Ysleta del Sur Pueblo v. Texas resolves a longstanding dispute about the ability of Texas to control gambling on the lands of two of the Native American tribes that reside there. Justice Neil Gorsuch’s opinion for the court squarely rejects that understanding.
Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful. and non-U.S. Clean Air Council v.
“Supreme Court Seems Ready to Back TexasLaw Limiting Access to Pornography; The law, meant to shield minors from sexual materials on the internet by requiring adults to prove they are 18, was challenged on First Amendment grounds”: Adam Liptak of The New York Times has this report. ” David G.
They alleged violation of Missouri’s antitrust and consumer-protection laws, and that defendants had been unjustly enriched, among other things. Royal Canin and Purina, the pet-food makers, removed the case to federal court, arguing that the antitrust and unjust enrichment claims implicated federal law issues.
This morning, the Supreme Court of Texas issued its decision in Whole Woman’s Health v. It is the latest development in the litigation over Texas’s abortion law, S.B. Supreme Court’sdecisions in December (covered here), After the U.S.
Here’s the Wednesday morning read: Voters in Arizona and Montana can decide on constitutional right to abortion (Sejal Govindarao & Amy Beth Hanson, The Associated Press) Trial date set for man accused of attempting to assassinate Justice Kavanaugh (Jordan Fischer, WUSA9) Supreme Courtdecisions could determine future of clean air, water in East (..)
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 Texaslaw governing DNA testing too late.
The United States Court of Appeals for the Fifth Circuit reversed an earlier ruling that had stopped Texas from enforcing its social media law, HB 20, which supporters see as a way to get Facebook, YouTube, Twitter and other social media companies to stop what many on the right have long viewed as “censorship” of conservative viewpoints.
Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury. Some older Supreme Courtdecisions support that theory of consent. Next up is Kelly v.
Here’s the Wednesday morning read: Florida asks Supreme Court to allow its anti-drag law to take effect (Ariane de Vogue, CNN) Bipartisan Legal Scholars Urge Supreme Court To Impose 18-Year Term Limits (Alison Durkee, Forbes) An Arizona drug case related to the 6th Amendment is headed to Supreme Court.
The study is organized by the Texas Policy Evaluation Project (TxPEP) based at The University of Texas at Austin and Advancing New Standards in Reproductive Health (ANSIRH) based at the University of California San Francisco. All 50 of these instances occurred in the states with strict bans described above.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content