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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.
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.
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.
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.
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.
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.
Abbott’s ban on school mask mandates back in effect after Appeals Courtdecision; U.S. Court of Appeals for the Fifth Circuit at this link. 5th Circuit judges halted an injunction on the mask mandate ban”: Emily Donaldson and Talia Richman of The Dallas Morning News have this report.
Share At oral arguments earlier this week the Supreme Court was skeptical of the Food and Drug Administrations effort to block a North Carolina-based company from challenging the denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana.
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.
“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.
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.
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. .
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.
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.,
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.
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.
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.
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.
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.
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.
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.
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.
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.
” 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.
The child is of mixed races and the court has deemed the display as inimical to the best interests of the child. The family court judge did not make such a determination and the ruling raises a very serious free speech concern over conditioning a right to custody on the curtailment of political speech.
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.
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.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. It’s been a blissful, relist-free month since the court’s last conference. Palmer , which was overseen by a conventional one-judge district court, was decided first. Palmer would ordinarily go through the U.S.
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 Amarillo Court of Appeals recently decided PBEX II, LLC, et al. 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.
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.
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.
This week, a court in Georgia became the latest to declare such laws unconstitutional. 1982), the Supreme Court addressed a boycott of white-owned businesses in Mississippi. District Court Judge Mark Cohen ruled for Martin on the core constitutional challenge. Court of Appeals for the Eighth Circuit on Feb. In NAACP v.
Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. MoneyGram applied the common-law escheatment practices outlined in Texas v. In Delaware v. New Jersey , 379 U.S.
Share The Supreme Court on Wednesday upheld a Biden-era rule regulating so-called ghost guns untraceable weapons without serial numbers, assembled from components or kits that can be bought online. Justice Clarence Thomas dissented from the courtsdecision, complaining that it had agreed to rewrite statutory text.
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). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.
Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.
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.
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.
Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is hitting its stride in sorting through the relists. The court also agreed to take up a twice-relisted challenge to Colorados ban on conversion therapy.
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