The Crime Report

APRIL 29, 2022

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. She claimed to have suffered “humiliation, frustration and emotional distress” as a result.

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Court Statute Contract Court Rules 75

SCOTUSBlog

SEPTEMBER 29, 2023

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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Calendaring Court Statute Court Rules 126

SCOTUSBlog

DECEMBER 2, 2021

Jane Cummings sued Texas-based Premier Rehab for discriminating based on her disability in violation of the Rehabilitation Act and the Affordable Care Act. Court of Appeals for the 5th Circuit held that Cummings could not seek damages for emotional distress. Premier Rehab Keller, P.L.L.C. ,

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Contract Statute Court Contract Law 98

ClimateChange-ClimateLaw

APRIL 14, 2025

For example, in the weeks leading up to the Colloquium, a Texas District Court ruled in Spence v. Setting aside the merits of the decision, there is no reason to think that the ERISA-focused ruling in Spence should directly affect the decisions of judges assessing fiduciary duties that arise under other legal schemes.

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Legal Legal Litigating Litigation 59

JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. Courts in Arizona , Kansas and Texas have also ruled against these laws. O.C.G.A. § There are good-faith objections to the BDS movement.

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Court Rules Contract Laws Court 50

SCOTUSBlog

JULY 6, 2021

The other was a statute enacted in 2016, which limited third parties — postal workers, election officials, caregivers, family members, or household members — who could collect completed absentee ballots from voters. And it rejected a challenge to the presidential election in Texas v.

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The Crime Report

DECEMBER 20, 2021

Since most cases of misconduct are linked to the failure to make evidence available in a timely fashion to the defendant that might bear on their innocence, rules of criminal procedure should reduce any opportunities for prosecutors to withhold information in criminal cases. Certify Compliance. Establish an Oversight Commission.

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TypeLaw Briefing Insights

JULY 24, 2024

According to the Bluebo ok, Rule 4.1 , id. may be used to refer to any kind of authority, including cases, statutes, and secondary sources, as long as it is the same source as the one immediately preceding it. Immediate subsequent citation with a different page: Id. What does ibid. Notably, as detailed in Cal.

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JURIST

JUNE 28, 2021

The Texas Supreme Court ruled Friday that federal law does not grant Facebook immunity against lawsuits for users who use its platform to lure minors into sex trafficking. However, the Texas Supreme Court denied Facebook’s motion saying that section 230 does not “create a lawless no-man’s-land on the Internet.”

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Court Rules Court Statute Legal 287

JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. The US District Court Southern District of Texas ruled in favor of the states, enjoining Homeland Security from enforcing the memorandum.

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Immigration Court Rules Court Statute 211

SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. This article was originally published at Howe on the Court.

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Government Court Felony Laws 131

JURIST

APRIL 25, 2022

The US Supreme Court Monday granted certiorari to two cases, Reed v. Norfolk Southern Railway Company , which focus on statute of limitations and personal jurisdiction issues. In Reed , petitioner Rodney Reed asked the court to decide when “the statute of limitations begins to run for an action under 42 U.S.C.

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JURIST

JANUARY 26, 2024

Texas Governor Greg Abbott issued a statement asserting Texas’ constitutional right to self-defense on Wednesday as tensions with the Biden administration over security along the US southern border escalated. “ President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants.

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Immigration Felony Statute Court Rules 245

JURIST

JUNE 21, 2021

The Wisconsin Supreme Court unanimously struck down a state law provision Friday that allowed police to draw blood from unconscious drivers and test it for alcohol content without a warrant. Many courts have addressed the issue of taking blood samples from drivers without consent, including Texas and Nevada.

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Statute Court Laws Court Rules 197

The Crime Report

DECEMBER 5, 2022

10, 2022, a judge in the Western District of Texas struck down the federal law that prohibits access to guns for people subject to domestic violence protection orders. Supreme Court ruling, NYSRPA v. Ruling that these laws are unconstitutional will put mainly women and children in danger. But now, the U.S.

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Court Rules Court Legal Legal 105

SCOTUSBlog

JUNE 15, 2023

Share In a major ruling on Thursday, the Supreme Court rejected a challenge to the constitutionality of the Indian Child Welfare Act, a 1978 federal law that seeks to keep Native American children with Native American families. Thursday’s ruling in Haaland v. Court of Appeals for the 5th Circuit reversed.

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Court Statute Government Court Rules 119

ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Two other states—Texas and North Dakota—filed an amicus brief supporting EPA; the petitioners opposed their participation on procedural grounds. Clean Air Council v. Pruitt , No.

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Court Litigating Litigation Attorney 40

The Crime Report

OCTOBER 11, 2022

The Supreme Court has agreed to hear the case of Rodney Reedy, a Black death row inmate seeking post-conviction DNA evidence to prove his innocence, reports Ariane de Vogue for CNN. How the Supreme Court rules could impact other death row inmates across the country seeking to test new evidence.

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Court Statute Court Rules Litigation 121

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. In Cooper Tire & Rubber Company v.

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Statute Stare Decisis Court Manufacturing 106

SCOTUSBlog

NOVEMBER 9, 2022

Share The Supreme Court on Wednesday declined to block the execution of Tracy Beatty, who was convicted and sentenced to death for the 2003 murder of his mother. Beatty, 61, is scheduled to be executed in Texas on Wednesday evening. This article was originally published at Howe on the Court. Beatty’s lawyers relied on 18 U.S.C.

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Lawyers Lawyer Statute Court 101

HowAppealing

OCTOBER 9, 2021

“Texas’ restrictive abortion law temporarily restored by federal appeals court”: Madlin Mekelburg of The Austin American-Statesman has this report. Marimow of The Washington Post reports that “ Appeals court reinstates Texas’s six-week abortion ban, two days after it was lifted.”

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Laws Court Statute Court Rules 100

SCOTUSBlog

FEBRUARY 22, 2022

Texas , provides some amusing moments and seems a good one for the justices to break out of any lethargy from their long recess. The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law. The first case, Ysleta del Sur Pueblo v. Can we ask my grandmother?”

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Entertainment Court Statute Laws 111

ClimateChange-ClimateLaw

DECEMBER 11, 2020

In October, the federal district court for the Eastern District of Texas denied the plaintiff’s request for a preliminary injunction. Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

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Court Government Litigating Litigation 59

SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.

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SCOTUSBlog

OCTOBER 10, 2022

Share On Tuesday the justices will hear oral argument in the case of Texas death-row inmate Rodney Reed , who is seeking DNA testing for evidence that he believes will clear him. In 2009, the Supreme Court ruled in District Attorney’s Office v.

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Statute Construction Litigating Litigation 109

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. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. In United States v.

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Immigration Court Rules Court Entertainment 52

SCOTUSBlog

DECEMBER 10, 2020

The Supreme Court ruled unanimously on Thursday that three Muslim men who say that they were put on the “no fly” list after they refused to become FBI informants can sue the FBI agents who put them there for money damages. Thomas acknowledged that the Supreme Court had ruled in 2011 in Sossamon v.

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Government Statute Court Court Rules 78

The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. The Texas Legislature in 1991 enacted the state’s first sex offender registration program.

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Statute Felony Court Attorney 119

SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. In Skinner v.

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Statute Court Court Rules Litigation 109

SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. Texas , a capital defendant’s claim of ineffective assistance of counsel under Strickland v. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

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Stare Decisis Court Court Rules Legal 104

SCOTUSBlog

MARCH 30, 2022

As a statistical matter , a case that the Supreme Court repeatedly relists is more likely to be the subject of an opinion respecting denial or — where existing precedent is clear — a summary reversal or vacatur. Case in point: Texas v. Texas , a capital case from the Lone Star State. Texas , 21-6001.

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Stare Decisis Court Felony Statute 111

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 125

JonathanTurley

SEPTEMBER 2, 2023

We recently discussed a federal court ruling that the Texas law requiring age verification and warning for porn sites was unconstitutional. ” Again, the statute does not define “substantial function” or “predominant … function,” leaving companies to guess whether their online services are covered.

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Laws Court Statute Divorce 48

SCOTUSBlog

JUNE 23, 2023

In a major victory for the Biden administration, the Supreme Court on Friday ruled that Texas and Louisiana do not have a legal right, known as standing, to challenge a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation.

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Immigration Court Rules Court Depose 109

JURIST

DECEMBER 12, 2023

The Texas Supreme Court ruled on Monday against a pregnant woman who challenged the state’s abortion restrictions. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban. Her health is on the line. .”

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Court Healthcare Statute Court Rules 211

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.

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Drafting Laws Court Court Rules 100

JURIST

JULY 1, 2024

The US Supreme Court on Monday vacated and remanded lower court rulings regarding the constitutionality of statutes enacted by Florida and Texas to regulate large social media companies’ content moderation practices. Neither court performed that necessary inquiry.

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