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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.
The US Court of Appeals for the Fifth Circuit denied Tuesday the appeal of Texas citizen journalist Priscilla Villarreal, who claimed that her arrest for misuse of information was unconstitutional. Villarreal had brought a civil rights claim against the city of Laredo, Texas over her 2018 arrest. Penal Code § 39.06(c)
The US Court of Appeals for the Fifth Circuit rejected challenges to Texas’s new voting restrictions in three separate 2-1 decisions on Wednesday. Texas Secretary of State , challenged the constitutionality of the state’s system for verifying signatures on mail-in ballots. The second case, Lewis v.
The US Supreme Court held Thursday in Gonzalez v. The case concerns a Texas councilwoman who argues that she was arrested in retaliation for her speech critical of a city government official. The Supreme Court found that the Fifth Circuit Court of Appeals erroneously applied these principles.
The Court of Appeals of the Second Appellate District of Texas threw out a voter fraud conviction Thursday that would have put a Texas woman accused of voting while on supervised release after being convicted of a felony behind bars for five years.
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.
Share The Supreme Court on Tuesday heard the case of a Texas death-row inmate seeking DNA testing for evidence that he believes will clear him. Court of Appeals for the 5th Circuit never reached the merits of Reed’s claim. Justice Samuel Alito was more skeptical.
The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state court ruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court.
Share The Supreme Court on Monday appeared skeptical of a pair of laws in Texas and Florida that would regulate how large social media companies control content posted on their sites. Two trade groups representing social media platforms went to federal court to challenge the laws. Both laws were passed in the wake of the Jan.
A majority for the US Court of Appeals for the Fourth Circuit ruled Wednesday that Virginia Tech’s bias reporting policies do not violate free speech principles protected by the First Amendment, upholding a lower court’s decision to deny a preliminary injunction.
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.
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.
But earlier this year, Texas attorney general Ken Paxton opened up a new battleground: the home. A few days later, the governor of Texas ordered the state’s Child Protective Services (CPS) to investigate families whose children are in transgender therapy. The attorney general then appealed to the Texas Supreme Court.
Texas Department of Public Safety , the Supreme Court on Thursday reversed a Texascourt and held that a military veteran could proceed with a lawsuit against his former employer, the Texas Department of Public Safety. A Texascourt agreed and dismissed Torres’ suit. Share In Torres v.
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.
Another Texas inmate, Ruben Gutierrez, who was set to be executed on Oct. Supreme Court’s upcoming review of similar religious freedom issues made by another inmate, John Henry Ramirez, whose execution the high court delayed last week, will impact Gutierrez’s case. Ramirez made similar claims when he was granted a stay.
A US Circuit Court Thursday declared the law preventing those subject to a domestic violence restraining order from owning a gun, unconstitutional. Rahimi , the US Appeals Court for the Fifth Circuit found that the law was an unconstitutional restraint on Americans’ Second Amendment rights to own a firearm.
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.
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.
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.
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.
During a disagreement, the defendant posted on Facebook about the plaintiff, including a statement that the plaintiff had been arrested in Texas for deadly conduct with a gun, and that the plaintiff had pleaded guilty to those charges. The plaintiff filed this suit for defamation and false light invasion of privacy.
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 judge concluded that the relevant statute here, Section 6(g) of the FTC Act, “falls short” of doing so. In July, a federal judge in Texas similarly blocked the FTC from enforcing the rule against a group of plaintiffs, which included the US Chamber of Commerce. Natural Resources Defense Council.
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. The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century.
Plastronics Socket split into two companies: Plastronics Socket and Plastronics H-Pin under Texas “divisive merger” statute. (It is odd, but under Texas law, a division in this way is legally defined as a merger). Statute of Limitations : Plastronics also had a counterclaim. See Hooks v. 3d 52, 68 (Tex.
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. The ruling has since been appealed to the 5th Circuit Court. But now, the U.S. He did this based on a 2022 U.S.
The US Supreme Court declined on Thursday to disturb a federal statute governing the adoption and foster proceedings for Indigenous children in the US. The court issued three findings in its Thursday decision. The court issued three findings in its Thursday decision.
Texas for infringing two patents covering pre-natal genetic tests. So, venue was proper under the narrow venue statute for patent cases, Section 1400(b). So, venue was proper under the narrow venue statute for patent cases, Section 1400(b). Ravgen sued Quest in W.D. Quoting Juniper. Transfer ordered.
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. Court of Appeals for the 5th Circuit upheld that ruling. Beatty’s lawyers relied on 18 U.S.C.
Share A pair of challenges to controversial social media laws in Texas and Florida and a dispute over whether to freeze the Environmental Protection Agency’s plan to reduce ozone levels across the United States headline the Supreme Court’s February 2024 argument calendar , which was released on Friday morning. Paxton and Moody v.
A Texas appeals court won't toss a defamation suit accusing a former Peloton employee of falsely claiming to company executives and New Jersey police that she was bullied by her workplace acquaintance, an in-house attorney, after finding she can't avail herself of a state statute protecting citizens from retaliatory lawsuits.
Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.
Texas Judge Albright for his months long delay in deciding defendant’s motions to transfer/dismiss for improper/inconvenient venue. In its decision, the appellate court repeated a prior conclusion that Judge Albright’s approach represented “egregious delay and blatant disregard for precedent.” by Dennis Crouch.
We’ve discussed in this space a few times the remarkable lengths Judge Alan Albright has gone to to attract patent cases to his Waco, Texas courtroom. Judge Albright’s efforts have succeeded in large part because his court, the U.S. The LLCs jointly filed infringement suits in Waco against Samsung, LG, Lyft, Uber, and Bumble.
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. Reed has consistently maintained that he is innocent.
Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. The trial court rejected that argument, and the California Court of Appeals agreed.
Share The Supreme Court on Monday added two new cases to the merits docket for the 2022-23 term. The justices agreed to hear the case of Texas inmate Rodney Reed , who was sentenced to death for the 1996 rape and murder of Stacey Stites. Reed came to the Supreme Court last fall, asking the justices to review that ruling.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Four years ago, the Supreme Court ruled in Nieves v. This week, we highlight cert petitions that ask the court to consider, among other things, how closely aligned evidence must be to satisfy that exception.
court to a more convenient forum (N.D.Cal.). The underlying actions were filed by a patent holding company known as Ikorongo Texas LLC against Samsung and LG Electronics. Ikorongo Texas is owned by five-individuals led by patent agents Hugh Svendsen & Sarah Svendsen. Ikorongo Texas then sued Samsung and LGE.
and Texas Attorney General Kenneth Paxton each asked a federal court for an early win in their dispute over the state's probe into Spirit's management, with Spirit arguing the state's Request to Examine statute violates the Fourth Amendment, and Paxton arguing it is a constitutionally compliant subpoena. Spirit AeroSystems Inc.
Resolving the contradiction will require an amendment, according to a paper in the Texas Tech Law Review. candidate at the Texas Tech University School of Law and author of the paper. candidate at the Texas Tech University School of Law and author of the paper. Tyler Smotherman will graduate from Texas Law Tech in May 2023.
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. The Supreme Court ruled against Cummings saying that the federal anti-discrimination laws she invoked did not allow suits for such emotional harm.
Share The Supreme Court on Thursday issued its decision in LeDure v. Court of Appeals for the 7th Circuit was “affirmed by an equally divided Court.” As is customary in this situation, the Supreme Court revealed only that the vote was evenly split — not the identities of the justices on each side.
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