Constitutional Law Reporter

JUNE 1, 2023

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.

Statute 52

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ClimateChange-ClimateLaw

NOVEMBER 1, 2016

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. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.

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Litigation Litigating Attorney Court 40

Broadcast Law Blog

AUGUST 24, 2016

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).

Court Decisions 65

Court Decisions Litigation Litigating Court 65

Constitutional Law Reporter

OCTOBER 18, 2023

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. Paxton , involve laws enacted by Florida and Texas to regulate major social media platforms like Facebook, YouTube, and X (formerly known as Twitter).

Laws 52

Laws Court Constitutional Law Court Decisions 52

SCOTUSBlog

APRIL 20, 2022

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 Court decisions support that theory of consent. Texas , 21-6001. Goertz , 21-442.

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Statute Stare Decisis Court Manufacturing 107

SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. Texas , 21-1601. Two years ago, in United States v. Coinbase, Inc. Bielski , 22-105. relisted after the Dec. 2 conference).

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Immigration Court Statute Law Firm 103

SCOTUSBlog

APRIL 27, 2022

It’s a little surprising the court let stand a federal court decision invalidating a state statute on constitutional grounds, but animal-rights groups defending that decision argued persuasively that state statutes are in a state of flux and it would be premature for the justices to take up the case now. Texas , 21-6001.

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Statute Stare Decisis Court Drafting 95

SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Three trials the district court selected as non-binding “bellwether” trials resulted in plaintiff verdicts. Below we briefly discuss those 14 cases. Gonzalez v.

Tort 130

Tort Court Litigation Litigating 130

The Crime Report

SEPTEMBER 2, 2022

For a time, that decision stopped the death penalty in its tracks and offered a stinging critique of its unfairness. The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. The Furman Framework. Austin Sarat.

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Statute Lawyer Lawyers Court 105

OilandGasLawyer

NOVEMBER 17, 2020

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.

Contract 52

Contract Court Court Decisions Litigation 52

Constitutional Law Reporter

AUGUST 6, 2024

Texas , 392 U.S. 514 (1968), in which the Court rejected a similar request to extend Robinson. Finally, Justice Gorsuch discussed the problems resulting from the so-called “ Martin experiment,” including legal uncertainty and litigation. It also cited Powell v.

Court 52

Court Government Constitutional Law Litigation 52

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. climate litigation charts. In October, the federal district court for the Eastern District of Texas denied the plaintiff’s request for a preliminary injunction.

Court 59

Court Government Litigation Litigating 59

JURIST

DECEMBER 16, 2021

This tit-for-tat directive against Texas SB8 is the latest of the bold moves Newsom has taken and responds directly to the Supreme Court decision last week. JURIST is launching a new series of dispatches from major US states written by JURIST correspondents “on the ground” in those jurisdictions.

Court 208

Court Manufacturing Attorney Court Decisions 208

The Crime Report

JANUARY 4, 2023

When agencies refused to turn over public records, ProPublica’s lawyers threatened litigation and in one case sued. marshals followed Jade Benning, a 48-year-old mother of three with jet-black hair, as she picked up her youngest son from school in Austin, Texas. Three days later, he taught a 911 call analysis course in Texas.

Attorney 98

Attorney Court Laws Education 98

ClimateChange-ClimateLaw

JULY 6, 2017

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. climate litigation charts. CLIMATE LITIGATION CHART. and non-U.S. Clean Air Council v. Pruitt , No. 17-1145 (D.C.

Court 40

Court Litigation Litigating Attorney 40

LPB Network

MARCH 11, 2022

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’s decisions in December (covered here), After the U.S.

Court Decisions 52

Court Decisions Court Litigating Litigation 52

SCOTUSBlog

JUNE 13, 2024

The district court held that the allegations were inadequate under the heightened pleading standards of the Private Securities Litigation Reform Act , which Congress adopted to curb perceived abuses of securities litigation. Court of Appeals for the 9th Circuit reversed. A divided panel of the U.S.

Government 128

Government Court Laws Litigation 128

SCOTUSBlog

MAY 16, 2022

Cochran went instead to a federal district court in Texas, seeking to block the administrative proceedings before the new ALJ. The justices also granted review in Jones v.

Court 98

Court Administrative Law Criminal Law Government 98

SCOTUSBlog

JANUARY 13, 2025

Share A trade group for the adult entertainment industry will appear at the Supreme Court on Wednesday in its challenge to a Texas law that requires pornography sites to verify the age of their users before providing access for example, by requiring a government-issued identification. 1181, in June 2023.

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Court Entertainment Technology Government 127

Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this. In United States v.

Immigration 52

Immigration Court Rules Court Entertainment 52

HowAppealing

DECEMBER 10, 2021

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G.

Drafting 100

Drafting Laws Court Court Rules 100

JonathanTurley

DECEMBER 12, 2021

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. It will be hugely successful politically, but not without costs to the state and potential litigants. It won’t work.

Laws 57

Laws Lawyers Lawyer Litigation 57

SCOTUSBlog

JANUARY 20, 2025

Court of Appeals for the 5th Circuit, based in Louisiana. Reynolds Vapor Company, joined a lawsuit by retailers based in Texas and Mississippi two states covered by the 5th Circuit. Court of Appeals for the 4th Circuit which had turned aside challenges to the FDAs denials of applications to sell e-cigarette products.

Manufacturing 97

Manufacturing Court Laws Administrative Law 97

ClimateChange-ClimateLaw

OCTOBER 20, 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. climate litigation charts. Federal Court Denied Preliminary Injunction in Steel Mill Owner’s Pipeline Challenge. Derivative Litigation , No.

Court 72

Court Government Compensatory Damages Litigation 72

SCOTUSBlog

JANUARY 23, 2025

Court of Appeals for the 5th Circuit. In a brief unsigned order , the justices put on hold an order by a federal trial judge in Texas that would have barred the government from enforcing the law anywhere in the United States. Justice Ketanji Brown Jackson dissented from the courts decision to temporarily block the lower courts ruling.

Laws 125

Laws Government Finance Court 125

SCOTUSBlog

MAY 28, 2024

Instead, they contended, he supplied the guns that his fellow gang members used to commit the crimes, and under a Texas law known as the “law of parties” he could face the same punishment that the shooters faced: death. A Florida state court upheld Cunningham’s conviction. But the justices declined to do so.

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Court Felony Lawyer Lawyers 130

LegalTalkNetwork

AUGUST 23, 2018

We even enlisted some hosting help from the ABA Journal , the State Bar of Texas , Palace Law , and one former ABA President (thank you Linda Klein ). ABA Annual Meeting 2018: Blockbuster Supreme Court Decisions in a Partisan Era. Stay tuned to hear about the best and worst things they’ve seen litigators do during a trial.

Legal Services 60

Legal Services Lawyer Lawyers Immigration 60

ClimateChange-ClimateLaw

MARCH 19, 2025

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] at 17 & tbl. 1; Lucian A.

Statute 59

Statute Government Law School Laws 59

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. climate litigation charts. Circuit Found Deficiencies in Climate Change and Environmental Justice Analyses for Texas LNG Export Terminals. and non-U.S.

Litigation 40

Litigation Litigating Court Laws 40

SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 8th Circuit affirmed that ruling. A trade group of thoroughbred racehorse owners and trainers called the National Horsemens Benevolent & Protective Association filed a different challenge to the law in Texas. Osseo Area Schools, Independent School District No. Relisted after the Jan. 10 conference.)

Tort 106

Tort Statute Court Laws 106

SCOTUSBlog

JUNE 30, 2022

Texas held criminal “deviant intercourse” laws violated the 14th Amendment under rational basis review. The Dobbs dissent rightly predicted that discovering what kind of abortion regulation is “legitimate” will lead to even more abortion litigation. Whether rational basis review will have “teeth” is a major open question.

Court 98

Court Laws Statute Government 98

ClimateChange-ClimateLaw

DECEMBER 11, 2023

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

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Legal Legal Court Statute 69

Above The Law

MARCH 7, 2025

” She also pressed counsel to distinguish between different types of harms and resources diverted by organizations in a way that might affect their standing in litigation. Paxton The case examines whether Texas’s H.B. Votes : Both for lack of standing 2024/2025 Term Free Speech v.

Constitutional Law 104

Constitutional Law Laws Statute Legal 104

ClimateChange-ClimateLaw

MARCH 6, 2018

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. climate litigation charts. DECISIONS AND SETTLEMENTS. In re: Border Infrastructure Environmental Litigation , No. CLIMATE LITIGATION CHART.

Court 40

Court Government Laws Litigation 40

ClimateChange-ClimateLaw

NOVEMBER 4, 2022

Two of the AGs leading the investigation – from Texas and Kentucky – took the unusual step of publicizing their civil investigation demands (“CIDs”), revealing the broad outlines of their inquiry. court decisions finding antitrust violations in connection with climate pledges. companies engaged in the fossil fuel business.

Finance 105

Finance Litigation Litigating Laws 105

ClimateChange-ClimateLaw

JUNE 8, 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. climate litigation charts. She also was persuaded that Congress had ratified the lower appellate court decisions holding that there was a narrower scope of review.

Court 45

Court Statute Government Litigation 45

ClimateChange-ClimateLaw

OCTOBER 25, 2024

Key Questions of Fiduciary Duty and Free Speech These recent victories involve legal principles of fiduciary duty and free speech, which have been central areas of contention in litigation surrounding climate-related financial risk. A new lawsuit was recently filed in Texas, by a business group seeking to block the state’s boycott law.

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Court Litigation Litigating Government 86