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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. ” Thus, Ezra concluded that the US demonstrated a “substantial likelihood of success” that Texas violated the act. .”
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.
District Court for the Northern District of Texas says one way that preventive services are selected for the no-cost coverage is unconstitutional. A key part of the ruling by Judge Reed O’Connor of the U.S.
Here’s the Tuesday morning read: Supreme Court leaves in place Pennsylvania law barring people under 21 from carrying guns (John Fritze, CNN) Supreme Court Orders Fresh Look at Young-Adult Gun Restrictions (Greg Stohr, Bloomberg) Supreme Court tosses lower courtdecision that shielded officers who arrested Texas citizen journalist (Melissa Quinn, CBS (..)
The ability to “judge shop” is the primary reason patentees once flocked to the Marshall Division of the Eastern District of Texas to file their infringement suits and are now flocking to the Waco Division of the Western District of Texas, where they’re guaranteed to have their case assigned to Judge Alan Albright. of the time.
Abbott’s ban on school mask mandates back in effect after Appeals Courtdecision; U.S. 5th Circuit judges halted an injunction on the mask mandate ban”: Emily Donaldson and Talia Richman of The Dallas Morning News have this report. ” You can access today’s ruling of a unanimous three-judge panel of the U.S.
Texas presents yet another installment in the decades-long conflict between state gambling regulators and Native American tribes. In 1983, responding to a lower-courtdecision holding that the transfer of those trust responsibilities violated the Texas Constitution, Texas terminated the trust relationship.
“Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns; Advocates for domestic violence victims were stunned by the 5th U.S.
The Ninth Circuit Court of Appeals affirmed a lower courtdecision on Monday rejecting an environmental challenge to the Deferred Action for Childhood Arrivals (DACA) program. The ruling comes just days after a district court in Texas found that the entire DACA program was unlawful.
The judge’s ruling mentioned the Supreme Courtdecision in Burwell v. Hobby Lobby multiple times, which said that the chain of stores did not have to cover contraception since it violated the RFRA. .
The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district courtdecision striking down the Centers for Disease Control and Prevention (CDC) eviction moratorium. In response to COVID-19, the CDC ordered a nationwide moratorium on residential evictions last fall.
.” They also argued that PASS lacked standing because it failed to prove: that its members suffered an injury-in-fact; that the alleged injury was fairly traceable to an action by Walz and Minnesota; and that the injury was redressable by a favorable courtdecision.
The Texas Supreme Court on Friday reversed a lower appellate court'sdecision to reinstate a slip-and-fall suit against an Albertsons LLC grocery store, saying that although certain instructions may have been erroneously given to the jury, the effect was harmless and not unfair.
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. This is because no Texascourt has reviewed how this provision is to be enforced. Ted Cruz (R.,
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.
Despite being incarcerated in a Texas prison for the past two and a half decades, it was startling to me that a prison system in this country could toss away a child like Ian—and expose him to the harsh realities of an adult prison. Supreme Court agreed. I cheered from my prison cell when I read about the decision. Jeremy Busby.
New York State is currently a ppealing a decision by a lower court to strike down restrictions enacted by the state following the Supreme Courtdecision on carrying guns in specific public places, such as Times Square. The case is pending before the Fifth U.S.
On June 17, 2022, the Texas Supreme Court affirmed a lower appellate court'sdecision, (which we previously wrote about here), which nixed the plaintiff's $740 million trade secret win at trial.
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. (The
A recent Texas Supreme Courtdecision on pipeline eminent domain, Hlavinka v. HSC Pipeline : The Hlavinka family own some 13,000 acres in Brazoria County, Texas, situated near the Texas Gulf Coast directly between refinery and industrial centers.
10 conference, but the decision to grant a second tranche of petitions from that conference followed similar moves in late 2020 and 2019, allowing the justices to add more cases to their docket for the second half of the term without having to wait for the next regularly scheduled conference, on Jan. In Torres v. And in LeDure v.
The appeal is from a trial courtdecision in a suit brought by Exxon against these municipalities and others under Rule 202 of the Texas Rules of Civil Procedure. The defendants moved to dismiss Exxon’s Rule 202 petition on the ground that the court had no personal jurisdiction over them.
Besides Minnesota, the area includes Arkansas, Iowa, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, South Dakota and Texas. In effect, this means that nearly 60 million Americans live in states where the courts offer absolute immunity to federal officers who violate someone’s constitutional rights.
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).
A coalition of business groups challenging the National Labor Relations Board's new joint employer rule has asked a Texas federal judge to speed up the resolution of the case, saying it's important to get a courtdecision before the rule goes into effect Dec.
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).
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
Texas mandate that courts deem the standard of “significantly subaverage intellectual functioning” for determining intellectual disability in Atkins v. rescheduled before the Dec. 1 conference; relisted after the Dec. 12 and Jan. 19 conferences) Hamm v. Smith , 23-167 Issues : (1) Whether Hall v. Florida and Moore v. 1 and Dec.
Although the doctrine derives its name from a 1907 Supreme Courtdecision, the doctrine in the form know it today was created by the Federal Circuit in its 2014 Brain Life decision and then expanded later in SpeedTrack (Fed. Ikorongo Texas LLC, v. 2015) and again in PersonalWeb Techs. Samsung Electronics Co.,
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.
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.
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].
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. 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.
MoneyGram applied the common-law escheatment practices outlined in Texas v. When these prepaid instruments are not presented for payment within a certain period of time, they are deemed abandoned. New Jersey , 379 U.S.
According to the Court, the law ran afoul of the Eighth Amendment because it made the status of being an addict a crime. Texas , 392 U.S. 514 (1968), in which the Court rejected a similar request to extend Robinson. It also cited Powell v.
The Ninth Circuit Court of Appeals reversed a district courtdecision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Exxon Sought to Block New York Attorney General Investigation in Texas Federal Court.
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.
In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district courtdecision. Courts in Arizona , Kansas and Texas have also ruled against these laws. There are good-faith objections to the BDS movement.
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. JURIST is launching a new series of dispatches from major US states written by JURIST correspondents “on the ground” in those jurisdictions.
As is frequently the case when the court denies review in cases that have been relisted repeatedly, denial occasioned dissent, this time from Justice Clarence Thomas, joined by Justice Neil Gorsuch. Areli Escobar was convicted in a Texas state court of the sexual assault and murder of Biana Maldonado Hernandez and sentenced to death.
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. Court of Appeals for the 5th Circuit threw out that ruling in February 2024.
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