SCOTUSBlog

FEBRUARY 26, 2024

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. Both laws were passed in the wake of the Jan. Two trade groups representing social media platforms went to federal court to challenge the laws.

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SCOTUSBlog

FEBRUARY 23, 2022

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.

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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. In 1983, responding to a lower-court decision holding that the transfer of those trust responsibilities violated the Texas Constitution, Texas terminated the trust relationship.

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JURIST

OCTOBER 13, 2021

The Department of Justice (DOJ) announced on Wednesday that it has opened a statewide investigation into the conditions in the five secure juvenile correctional facilities operated by the Texas Juvenile Justice Department. . The investigation will also look into whether Texas provides adequate mental health care to these juveniles.

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Patently O

JANUARY 12, 2022

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.

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Diane Drain

APRIL 15, 2021

Arizonans currently are shielded from creditors on the first $150,000 of equity in homes they own and live in, thanks to a special provision in state law that’s designed to keep people from being thrown out on the streets. As laws change (they do all the time) your rights also change. – Diane L.

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JURIST

AUGUST 16, 2024

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.

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JURIST

JUNE 15, 2021

” The public nuisance statute requires the petitioners to prove that parties knowingly marketed and promoted products they knew were dangerous. A coalition of 18 states, including Texas, Louisiana, Alaska and other major fossil fuel producers filed a amici curiae brief in support of the oil companies.

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SCOTUSBlog

APRIL 25, 2025

Hain moved the case to federal court, asserting that the Palmquists had fraudulently included Whole Foods in the case to defeat diversity jurisdiction under a Texas statute protecting innocent sellers from liability. The justices will be discussing two of them for a second time. First up is The Hain Celestial Group, Inc.

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Patently O

OCTOBER 6, 2021

Thus, the statute provides a district court with discretion to move venue “[f]or the convenience of parties and witnesses, in the interest of justice.” An oddity of patent litigation jurisprudence is that Section 1404 determinations are not deemed patent-law specific. ” 28 U.S.C.

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Above The Law

APRIL 29, 2022

* Laws matter: life lost after school neglects to follow anti-bullying protocol. The EU's laws will be impacting American free speech, eh? Talk about long-arm statutes. [ Oklahoma just passed their version of Texas's Roe sidestep. appeared first on Above the Law. The Hill ]. NBC News ]. NBC News ].

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Patently O

MAY 28, 2021

Paul Gugliuzza is Professor of Law at Temple University Beasley School of Law. Jonas Anderson is Associate Dean for Scholarship and Professor of Law at American University Washington College of Law. According to Judge Albright , Ikorongo’s assignment to the Texas LLC made transfer out of Texas impossible.

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SCOTUSBlog

JULY 1, 2024

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. Texas and Florida passed the laws at the center of the two cases in the wake of Jan.

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The Crime Report

APRIL 14, 2022

Do state laws permitting individuals to carry concealed weapons undermine federal legislation banning weapons in the vicinity of schools? 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.

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SCOTUSBlog

JUNE 12, 2023

Sylvia Gonzalez rode to victory in her 2019 race for city council in Castle Hill, Texas, on a promise to unseat the allegedly corrupt city manager through a petition. Rather, she argued that she qualified for the exception outlined in Nieves by presenting data of indictments under the Texas tampering statute over the past decade.

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SCOTUSBlog

MAY 7, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether defendants have standing to assert violations of an extradition treaty and whether the wire fraud statute applies extraterritorially to reach a defendant’s conduct committed only in Nigeria. Ojedokun v.

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SCOTUSBlog

JANUARY 24, 2025

Reynolds Vapor Company and a group of retailers based in Texas and Mississippi, primarily fielded questions from just two justices, Justices Sonia Sotomayor and Ketanji Brown Jackson a promising sign for his clients. In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids.

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Patently O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” Qualcomm Incorporated , No. 35 U.S.C. §

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ClimateChange-ClimateLaw

APRIL 14, 2025

For decades, legal scholars have recognized that fiduciary duties under corporate law may force private companies to address climate change. The different silos of fiduciary duty law are easily confused in judicial decisions and broader commentary. This imprecision can undercut promising lines of debate.

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JURIST

SEPTEMBER 29, 2023

A man was shot Thursday in Espanola, New Mexico during a protest over the reinstallation of a statute of the conquistador Juan de Onate , who massacred and enslaved the Acoma Indigenous people in 1599. The removal of controversial statues across the US has been challenged legally with mixed results in Texas , Tennessee and Louisiana.

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JURIST

JUNE 15, 2023

The US Supreme Court declined on Thursday to disturb a federal statute governing the adoption and foster proceedings for Indigenous children in the US. Petitioners’ contended that the proceedings fall within the realm of family law, which is usually governed by state law. The court issued three findings in its Thursday decision.

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SCOTUSBlog

JUNE 27, 2022

Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School. It is particularly noteworthy that Justice Stephen Breyer called out his colleagues for engaging in the most rank form of law-office history in his dissent.

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SCOTUSBlog

APRIL 28, 2022

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.

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SCOTUSBlog

JULY 6, 2021

Muller is the Bouma fellow in law and professor of law at the University of Iowa College of Law. Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws. The Democratic National Committee challenged the two Arizona laws.

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SCOTUSBlog

JANUARY 5, 2024

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. NetChoice LLC , on Feb.

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Fordham Law News

MARCH 31, 2025

Delaware has long been the preferred state of incorporation for corporations due to its business friendly legal framework, its specialized Court of Chancery, and its well-developed and unified body of corporate law. Additionally, Delawares diminishing influence could disrupt the uniformity of corporate law. 2] See id. [3]

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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. The Supreme Court ruled against Cummings saying that the federal anti-discrimination laws she invoked did not allow suits for such emotional harm.

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SCOTUSBlog

JANUARY 19, 2022

In the 1990s, he served as a law clerk to the late Chief Justice William Rehnquist, and between 2003 and 2010 he returned as a lawyer to argue nine cases there. The law at the center of the case, Federal Election Commission v. How, he queried, “can that possibly be the law?”. Ted Cruz is no stranger to the Supreme Court.

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The Crime Report

JULY 9, 2021

attorneys investigated 1,864 suspects in matters involving violations of federal hate crime laws during that period, said a BJS report released Thursday. Department of Justice (DOJ) are jointly responsible for enforcement of criminal civil-rights statutes, according to the BJS report.

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SCOTUSBlog

SEPTEMBER 24, 2021

In Texas v. Haaland , Texas has filed a petition asking the justices to review ICWA provisions that, in the state’s view, the 5th Circuit erroneously upheld. In Cherokee Nation v. Brackeen , the Cherokee Nation and three other tribes have filed a companion petition in defense of ICWA’s constitutionality. Finally, in Brackeen v.

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SCOTUSBlog

NOVEMBER 4, 2021

Texas and Whole Woman’s Health v. Another important rule is the framework for confirming or vacating an arbitration award; Sections 9 and 10 of the statute set out rules for that process, which generally make it easy to get an award confirmed by a court. But in Badgerow v.

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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. In a second line of questioning, the justices focused on what they should consider persuasive evidence of a traditional contract-law remedy in the spending clause context.

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SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

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SCOTUSBlog

JUNE 11, 2024

Jevon Washington is a young adult in Katy, Texas, living with serious intellectual disabilities. And a federal district court in Texas dismissed the 14th Amendment claim, relying on a decision by the U.S. Eight years ago, when Washington was in high school, he got into a fight with another student who bullied him about his disability.

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Strictly Business

MAY 22, 2024

Ultimately, in response to the Tesla ruling, Musk filed to transfer SpaceX’s state of incorporation from Delaware to Texas and indicated that Tesla would hold a shareholder vote to do the same. The decision sparked outrage from Musk, who publicly stated that he would hold a vote to move Tesla’s state of incorporation from Delaware to Texas.

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Above The Law

MAY 26, 2023

Law360 ] * Of the previous 100 anti-LGBTQ+ statutes passed, half of them were this year. appeared first on Above the Law. They won the elderly woman tax foreclosure case everyone was up in arms about and then they got the Supreme Court to gut wetlands protections. It's fricking May. [ 538 ] The post Morning Docket: 05.26.23

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Patently O

APRIL 16, 2024

by Dennis Crouch Law school civil procedure courses spend very little time on proper venue because, in most cases venue is proper so long as the district court has personal jurisdiction over the defendant. ” This provision ensures the venue statutes do not limit the ability to sue foreign defendants U.S. 1391(c)(3).

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