JURIST

JUNE 21, 2024

The case concerns a Texas councilwoman who argues that she was arrested in retaliation for her speech critical of a city government official. The case originated when a Texas councilwoman, Sylvia Gonzales, petitioned to have a city manager removed. The US Supreme Court held Thursday in Gonzalez v.

Court Rules 211

Court Rules Court Felony Statute 211

The Crime Report

SEPTEMBER 17, 2021

Another Texas inmate, Ruben Gutierrez, who was set to be executed on Oct. His attorneys cited the Constitution’s First Amendment and a federal statute that protects an inmate’s religious rights. A judge granted a request by the Cameron County District Attorney’s Office to vacate the execution date.

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JURIST

JANUARY 3, 2024

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.

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SCOTUSBlog

APRIL 20, 2023

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.

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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 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. Court of Appeals for the 5th Circuit upheld the Texas law.

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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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SCOTUSBlog

JUNE 29, 2022

Texas Department of Public Safety , the Supreme Court on Thursday reversed a Texas court and held that a military veteran could proceed with a lawsuit against his former employer, the Texas Department of Public Safety. A Texas court agreed and dismissed Torres’ suit. Share In Torres v.

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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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JURIST

JUNE 21, 2021

Under Wisconsin Statute § 343.305 , an officer can request a blood sample from the driver of a vehicle involved in an accident resulting in the death or great bodily harm to another person. Many courts have addressed the issue of taking blood samples from drivers without consent, including Texas and Nevada.

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Day on Torts

APRIL 1, 2025

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.

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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. 3d 52, 68 (Tex.

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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

JUNE 16, 2022

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 most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

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JURIST

JUNE 1, 2023

” The opinion reads: Our country rightfully places great value on the freedom of speech, and any statute or regulation implicating speech receives close scrutiny. Freedom of speech, after all, is expressly protected in the very first of the original amendments to our Constitution.

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Patently O

NOVEMBER 11, 2021

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.

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JURIST

MARCH 31, 2021

Congress had withdrawn its support of the moratorium on January 31, and the CDC was not authorized by statute to extend the order. In Texas, a federal judge also struck down the moratorium in February, stating that the federal government does not have the authority to implement the ban.

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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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Real Estate Statute Contract Court 210

JURIST

FEBRUARY 3, 2023

Zackey Rahimi was involved in various shootings in Texas between December 2020 and January 2021. The appeals court agreed, finding that the statute treated Second Amendment rights differently than other individual rights and was too broad. When the police had searched Mr. Rahimi’s home, they had found two firearms.

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SCOTUSBlog

NOVEMBER 9, 2022

Beatty, 61, is scheduled to be executed in Texas on Wednesday evening. In particular, the state wrote, the purpose of the statute is to address “financial hurdles to obtaining services, not hypothetical correctional facilities’ policies that may render an inmate unable to obtain the psychological evaluation of choice.”

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Patently O

MAY 28, 2021

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. According to Judge Albright , Ikorongo’s assignment to the Texas LLC made transfer out of Texas impossible. LG Mandamus Petition ; Samsung Mandamus Petition ].

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Statute Technology Court Laws 68

The Crime Report

DECEMBER 5, 2022

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. The ruling in Texas was based on an originalist legal argument rather than the data. But now, the U.S. He did this based on a 2022 U.S. Supreme Court ruling, NYSRPA v.

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Patently O

MARCH 14, 2021

Texas Judge Albright for his months long delay in deciding defendant’s motions to transfer/dismiss for improper/inconvenient venue. Proper Venue : Congress created a particular venue statute for patent infringement lawsuits (28 USC 1400(b)) that is substantially narrower than the general venue statute used in Federal Courts. (28

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The Crime Report

OCTOBER 11, 2022

Reed’s case raises a statute of limitations question about whether such a claim can be brought at the end of state court litigation or at the moment a trial court denied DNA testing. See also: I s Texas Ignoring DNA Evidenced in Rodney Reed Case?

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Above The Law

APRIL 29, 2022

Talk about long-arm statutes. [ Oklahoma just passed their version of Texas's Roe sidestep. People are upset that the Texas bill disincentivizing the use of clean energy isn't enough to keep them using fossil fuels. . * The EU's laws will be impacting American free speech, eh? The Hill ]. NBC News ].

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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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Law 360

JUNE 7, 2024

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.

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Law 360

NOVEMBER 15, 2024

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.

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Statute Court Attorney 52

SCOTUSBlog

OCTOBER 10, 2022

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. The question that the justices will consider in Reed’s case is when the statute of limitations to pursue a federal civil rights claim begins to run.

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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. 6, 2021, attacks on the U.S.

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Patently O

JULY 1, 2021

The underlying actions were filed by a patent holding company known as Ikorongo Texas LLC against Samsung and LG Electronics. As explained below, the owners of Ikorongo Texas formed the company as an attempt to solidify venue in W.D.Texas and avoid the case being transferred for inconvenient forum. Thus, no proper venue.

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Statute Litigation Litigating Court 105

The Crime Report

APRIL 14, 2022

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.

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Felony Law School Statute Laws 122

OilandGasLawyer

SEPTEMBER 29, 2021

According to an article in The Texas Tribune , senators on the Senate Business and Commerce Committee were frustrated that the Railroad Commission had not done more to require natural gas producers, processors and pipelines to winterize their systems. ” Continue reading ?.

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Statute 52

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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SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. Texas , 21-6001. Court of Appeals for the 9th Circuit affirmed.

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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. During 72 minutes of oral arguments, almost all of the justices peppered Vivek Suri, the assistant to the U.S.

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SCOTUSBlog

APRIL 28, 2022

Jane Cummings, who is deaf and legally blind, sued Premier Rehab (a Texas rehabilitation facility that receives federal funding) for discriminating based on disability in violation of the Rehabilitation Act and the Affordable Care Act. Justice Stephen Breyer dissented, joined by Justices Sonia Sotomayor and Elena Kagan.

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Court Rules Contract Court Statute 98