Law 360

APRIL 5, 2024

The Texas Supreme Court on Friday reversed a lower appellate court's decision 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.

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SCOTUSBlog

JUNE 16, 2022

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.

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LegalReader

JULY 5, 2022

Legislation may be introduced allowing rural Texas DAs to prosecute people outside of their jurisdictions, greasing a slippery slope.

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SCOTUSBlog

FEBRUARY 21, 2022

Texas presents yet another installment in the decades-long conflict between state gambling regulators and Native American tribes. The Supreme Court first addressed the problem squarely in its 1987 decision in California v. Share Tuesday’s argument in Ysleta del Sur Pueblo v. Cabazon Band of Mission Indians.

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Chugh LLP

JULY 16, 2021

On Friday, July 16, 2021, Texas federal judge Andrew Hanen ruled that the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act and should be suspended. The 616,000 current DACA recipients will not be affected by the court decision. By: Jacqueline Valle.

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Law 360

JUNE 29, 2021

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's decision that Amazon is a "seller" under the state's law.

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JURIST

JULY 21, 2021

The Ninth Circuit Court of Appeals affirmed a lower court decision 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.

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SCOTUSBlog

OCTOBER 15, 2024

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Rivkin Jr. & & Elizabeth Price Foley, The Wall Street Journal) The post The morning read for Tuesday, Oct. 15 appeared first on SCOTUSblog.

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Above The Law

SEPTEMBER 9, 2022

The judge’s ruling mentioned the Supreme Court decision 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. .

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JURIST

MARCH 31, 2021

The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district court decision 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.

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The Crime Report

NOVEMBER 2, 2023

An increasing number of Americans now believe US Supreme Court decision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.

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Mondaq

JULY 1, 2022

On June 17, 2022, the Texas Supreme Court affirmed a lower appellate court's decision, (which we previously wrote about here), which nixed the plaintiff's $740 million trade secret win at trial.

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JURIST

SEPTEMBER 16, 2021

Parents Advocating for Safe Schools (PASS), an association of Minnesota parents, filed suit against the state of Minnesota and Governor Timothy Walz, asking the court to order Walz to impose a statewide mask requirement for all public schools. Pass also asked the court to issue a temporary restraining order compelling Walz to require masks.

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OilandGasLawyer

JUNE 9, 2021

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.

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The Crime Report

OCTOBER 11, 2022

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. . In one recent case, a Texas federal judge ruled that the Constitution allows 18-to-20-year-olds to carry handguns outside for protection.

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Constitutional Law Reporter

OCTOBER 18, 2023

Supreme Court next term. 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. Meanwhile, the Texas law, H.B. In the Florida case, the Eleventh Circuit Court of Appeals affirmed a preliminary injunction in part.

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Constitutional Law Reporter

AUGUST 6, 2024

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. In a prior decision, Martin v.

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The Crime Report

DECEMBER 5, 2023

On January 21, 2023, he hanged himself on death row at the Polunsky Unit in Livingston, Texas. Andrus’ decision to end his own life rather than allow the State of Texas to take it came roughly six months after the U.S. In its June 2020 decision , the U.S. That did not end his tragic story.

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Law 360

NOVEMBER 14, 2023

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 court decision before the rule goes into effect Dec.

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Constitutional Law Reporter

NOVEMBER 5, 2024

Supreme Court held that plaintiffs are not required to produce specific comparator evidence to demonstrate that they fall within the Nieves exception in retaliatory arrest cases. 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. In Gonzalez v. 2024), the U.S.

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OilandGasLawyer

JUNE 15, 2022

A recent Texas Supreme Court decision 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.

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OilandGasLawyer

FEBRUARY 18, 2022

” The Fort Worth Court of Appeals used the term in an opinion that has caused quite a stir in legal circles. The Fort Worth Court’s opinion, in City of San Francisco, et al. The defendants moved to dismiss Exxon’s Rule 202 petition on the ground that the court had no personal jurisdiction over them.

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Patently O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court. The court recently denied certiorari in Yu v.

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. 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.

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SCOTUSBlog

MAY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. That’s all for this week.

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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.

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SCOTUSBlog

DECEMBER 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. 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. The only catch?

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SCOTUSBlog

DECEMBER 11, 2020

Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. The Supreme Court ruled in 2002 in Atkins v.

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The Crime Report

OCTOBER 13, 2022

You can read it in police files and court records, case notes and daily logs.”. 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.

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OilandGasLawyer

JULY 18, 2023

The Amarillo Court of Appeals recently decided PBEX II, LLC, et al. The Court’s opinion relies on two Texas Supreme Court decisions that were controversial: Natural Gas Pipeline co. Dorchester Minerals, L.P. addressing an interesting issue on adverse possession of a non-operating working interest.

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The Crime Report

APRIL 26, 2022

Just three days before a Texas court stayed the execution of Melissa Lucio , Carl Wayne Buntion was put to death in the same state. On April 22, Buntion, 78, the oldest inmate on Texas’ death row, was the first person executed in the state this year. Photo courtesy Texas Department of Criminal Justice. Carl Buntion.

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SCOTUSBlog

DECEMBER 15, 2021

Share The Supreme Court on Wednesday morning granted three more cases from the justices’ private conference last week. In March, the Supreme Court asked the federal government for its views on whether Congress has the power to authorize lawsuits against states, even without their consent, pursuant to its war powers. In Torres v.

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SCOTUSBlog

AUGUST 3, 2022

Share The Supreme Court will kick off its November argument session with the highest-profile cases of that session: challenges to the consideration of race in the admissions process at Harvard and the University of North Carolina. The court moved Mallory v. Brackeen , Texas v. President and Fellows of Harvard College on Oct.

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SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. 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.

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The Crime Report

SEPTEMBER 23, 2021

She contacted the Minneapolis police officer at the scene and shifted blame to Mohamud and her friends, according to court documents. Because of Weyker’s statements, which one court described as “ lies and manipulation ,” Mohamud and her friends were arrested on suspicion of tampering with a federal witness. Supreme Court.

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At the Lectern

JULY 8, 2023

Supreme Court began its summer recess last week, it’s time to look at the high court’s review of California Supreme Court cases. See: Supreme Court affirms death sentence of defendant who unsuccessfully tried to fire his lawyer and represent himself. As the U.S. Let us know if we missed anything.)

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SCOTUSBlog

APRIL 27, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. In Monday’s orders , the Supreme Court disposed of three relists. To begin with the unhappy news (at least for petitioners), the court denied review without comment in one-time relist Kelly v.

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