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The US Court of Appeals for the Fifth Circuit ruled Monday that Students for Fair Admissions (SFFA) can continue their lawsuit against the University of Texas Austin (UT) for racial discrimination in their admissions process. The court found that the lawsuit was barred under res judicata because of it’s similarity to Fisher v.
The United States Court of Appeals for the Fifth Circuit affirmed Thursday a District Court’s ruling to return books to a Texas public library after they were removed because of their viewpoint and content. On appeal, the Appeals Court affirmed the ruling. In March 2023, U.S.
The US Supreme Court heard oral arguments Wednesday on the case Gonzalez v. Trevino , which concerns the arrest of a Castle Hills, Texas councilwoman who argues that she was arrested in retaliation for her critical speech about the city’s government.
Chief US District Judge Alia Moses rejected a motion for a preliminary injunction from Texas on Wednesday to block the Department of Homeland Security (DHS) from cutting wire fencing at the US-Mexico border. The case is in the US District Court for the Western District of Texas.
A three-judge panel of the Fifth District Court of Appeals ruled Tuesday that a controversial Texas law, Senate Bill (SB) 4 , will remain on hold as litigation continues. SB4, the controversial Texas law that is the subject of this continued litigation, was originally signed into law in December 2023.
Share The Supreme Court on Monday was divided over whether a Texas man on death row has a legal right to sue, known as standing, to bring federal civil rights claims challenging the constitutionality of the Texas laws governing DNA testing. Court of Appeals for the 5th Circuit threw out that ruling last year.
million settlement with families of those injured and killed in the 2017 mass shooting at First Baptist Church of Sutherland Springs, Texas. In 2021 a federal district court ruled that the government was partially responsible for the deaths due to negligence. The US Department of Justice Wednesday reached a $144.5
The US Supreme Court Thursday ruled 8-1 that a Texas death row inmate may have his pastor touch him and pray out loud during his execution. His scheduled execution in September 2021 was stayed pending the Supreme Court’s decision. This Court now affords yet another chance for him to delay his execution.
The Supreme Court decided Texas v. Texas filed the case directly in the Supreme Court, invoking the court’s original jurisdiction in cases where one state sues another … just as it did on Dec. When some of the water evaporated, Texas said that is should not be responsible for the lost water. The decision.
2023) , the Federal Circuit once again granted a writ of mandamus , ordering a patent infringement case to be transferred out of Judge Albright’s courtroom in the Western District of Texas (WDTX). states, including Texas, is no stranger to litigation in the Lone Star state.
The National Rifle Association (NRA) announced Friday in a press release that it filed Chapter 11 bankruptcy and will reincorporate in Texas. ” It mentions that the move to Texas will enable the nonprofit to start down a new path with more sustained growth and continued success.
Share The Supreme Court on Tuesday sided with the technology industry and blocked a controversial Texas law that bars large social media platforms like Facebook and Twitter from removing posts based on the viewpoints they express. When Texas Gov. Texas Attorney General Ken Paxton fired back, arguing that H.B.
Share The Supreme Court ruled on Thursday that a man on death row in Texas can have his pastor touch him and pray out loud while he is being executed. Texas rejected his request, citing security concerns and arguing that he made the request too late. The decision in Ramirez v. Thomas was the lone dissenter.
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.
“What the Supreme Court Got Right (and Justice Alito Got Wrong) in the Texas ACA Decision: A slightly deeper dive into today’s California v. Texas decision rejecting the effort to turn constitutional litigation into a game of Jenga.” Texas Majority Reject Standing-by-Nonseverability?
Fully remote litigation position with an extensive experience in Texas state court. The post Fiduciary Litigation Opportunity appeared first on Above the Law. Apply within.
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]
Litigants shouldn’t get to choose the judge who decides their case. Judge shopping, we’ve argued elsewhere , raises concerns about court bias and capture and can make litigation unnecessarily costly and inefficient. This is the second in a new series on venue transfer requests and mandamus at the Federal Circuit.
Share The Supreme Court on Monday sent a pair of challenges to laws in Texas and Florida that would regulate how large social media companies control content posted on their sites back to the lower courts for another look. The court agreed to send the cases back to the U.S. Courts of Appeals for the 5th and 11th Circuits.
The US Court of Appeals for the Third Circuit Monday ruled against Johnson and Johnson’s (J&J) attempt to resolve its multi-billion dollar litigation over claims that its talcum-based powders were carcinogenic. The decision reversed an early Bankruptcy Court order in favor of J&J.
Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. The Western District of Texas also lost its place as the most popular patent litigation venue in the U.S.
The US Department of Justice (DOJ) sued Texas and Governor Greg Abbott in his official capacity on Wednesday over a state law that criminalizes illegal entry into the border state from anywhere but a port of entry, exerting state jurisdiction over what is usually a federal matter. Last month, Abbott signed SB 4.
“A Texas Judge’s Fight to Keep a High Profile Case Out of His Court; A battle over a new rule to limit credit card late fees has spiraled into a larger skirmish about how much power litigants should have to maneuver their cases into friendly courtrooms”: Stacy Cowley of The New York Times has this report.
Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.
Chamber of Commerce asked a Texas federal judge to issue a court order stopping the Federal Trade Commission's new noncompete rule from going into effect while litigation challenging the ban plays out, arguing the rule's enforcement would irreparably harm businesses and their employees.
We were curious as to the status of online court help to the self-represented litigants as a good 2021 year-end wrapup article for the CTB? Colorado courts have a dedicated page for "Efiling for Non-Attorneys" at: [link] There are links to forms and video/written tutorials listed. We share what we found below.
The biggest story in patent law over the past three years has been the emergence of the Waco Division of the Western District of Texas as the undisputed capital of U.S. patent litigation. Figure 1: Judge Albright Decisions on Contested Motions to Transfer Away from the Western District of Texas Under § 1404(a).
Littler Mendelson told a Texascourt last week it is dropping its lawsuit accusing a former associate of uploading confidential law firm documents to her…
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 post Texas Attorney General Ken Paxton Facing Lawsuit Over Pro-Fossil Fuels Law appeared first on Above the Law. Some people just want to watch the world burn.
Texas is big — the Western District of Texas is larger than most state, and the drive from Midland to Waco is 300+ miles (both parties are from Midland/Odessa). Most litigation regarding venue transfer is inter-district — from one district to another district. back in 2018, before Judge Albright joined the bench.
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.
The US Court of Appeals for the Federal Circuit Thursday held in In re: Apple, Inc. Apple moved to transfer the action from the US District Court for the Western District of Texas to the Northern District of California pursuant to 28 USC § 1404(a).
Share The Supreme Court on Tuesday appeared divided over a Texas inmate’s plea to have his pastor touch him and pray out loud while he is being executed. Justice Samuel Alito echoed Kavanaugh’s alarm at the prospect of “an unending stream of” litigation, coming to the Supreme Court at the last minute to delay executions.
Share The Supreme Court rejected a request from Texas inmate Stephen Barbee to postpone his execution, scheduled for Wednesday evening, after a judge ruled that the state was not adequately protecting inmates’ religious rights in the execution chamber. Court of Appeals for the 5th Circuit lifted Hoyt’s order on Nov.
A judge for the US Bankruptcy Court for the Northern District of Texas dismissed the National Rifle Association’s (NRA) Chapter 11 bankruptcy filing on Tuesday, finding that the NRA did not file the petition in good faith. ” The case for dissolution of the NRA will continue in the New York County Supreme Court.
A federal appeals court has removed a federal judge from foster care litigation against the state of Texas, citing her “highly antagonistic demeanor” against the…
Hotels.com brings the justices a basic nuts-and-bolts question of civil procedure: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. Generally speaking, under the “American” rule that prevails in the United States, the prevailing party in litigation must pay its own attorney’s fees.
Texas was another instance of a common jurisprudential problem for the justices: how should a modern court, largely devoted to textualism in its statutory interpretation, deal with cases about Native American tribes, which traditionally have depended on historical and contextual understandings only weakly linked to the text of the statute.
The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.
Share The Supreme Court agreed to postpone the execution of John Ramirez, who was scheduled to die on Wednesday night in Texas. After Texas refused to grant that request, Ramirez went to federal court in August. After Texas refused to grant that request, Ramirez went to federal court in August.
“Judge With History of Sexist Comments Called Out, Again, by 5th Circuit; Judge Lynn Hughes had issued a lifetime ban against a female litigator after she won an appeal related to comments he made in an earlier case”: Brad Kutner of Texas Lawyer has this report on a ruling that the U.S.
On Tuesday, the Supreme Court will hear oral argument in a Texas inmate’s bid to obtain the same kind of aid from his pastor that Alabama allowed Wiley to provide to Smith. The four cases that have previously come to the court centered on whether spiritual advisers could be present in the execution chamber at all. Share On Oct.
The need to consider the value of the book as a whole, or its literary, scientific or political value, is part of the obscenity test outlined in the 1973 US Supreme Court case Miller v California. The Court found that where work is not considered obscene, it is constitutionally protected expression under the First Amendment.
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