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

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

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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

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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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. The petitioners argued that this amounted to a “commandeering” of state services by the federal government, since Congress wrote the relevant statute.

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Patently O

FEBRUARY 21, 2022

Ikorongo Texas LLC, et al. Ikorongo Texas LLC holds exclusive rights to a set of patents, but only with respect to use of the inventions in counties within the Western District of Texas. This includes McLennan County, home of Waco Texas and Judge Albright’s court. . § by Dennis Crouch. Samsung Electronics Co.,

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Patently O

APRIL 16, 2024

However, in a quirk of history, Congress created a patent-law specific venue statute in the 1800s that severely limits where a patent case can be filed. The Supreme Court’s decision in TC Heartland clarified that a domestic corporation “resides” only in its state of incorporation for purposes of the patent venue statute.

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OilandGasLawyer

OCTOBER 28, 2020

The Texas Supreme Court will hear arguments in December in Concho Resources v. Ellison sued all three for conversion and for payment of amounts due under the division order statute, Texas Natural Resources Code section 91.404. Ellison , No. 19-0233, a fight over ownership of the minerals in 154 acres in Irion County.

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Mondaq

APRIL 25, 2022

In a recently issued taxpayer-favorable opinion, the Texas Supreme Court overturned the court of appeals' decision holding that the state's performance-based sourcing statute for service receipts.

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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.” Since most of the transfer cases before the Federal Circuit are originally filed in Texas, the Federal Circuit regularly applies Fifth Circuit law. ” 28 U.S.C.

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SCOTUSBlog

JUNE 27, 2022

Here is what Thomas says about Texas, a state whose robust gun laws, he reluctantly concedes, undeniably support New York’s approach to public safety. “We acknowledge,” Thomas wrote, “that the Texas cases support New York’s proper-cause requirement, which one can analogize to Texas’ ‘reasonable grounds’ standard.

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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. She claimed to have suffered “humiliation, frustration and emotional distress” as a result.

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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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Patently O

AUGUST 3, 2021

Under the statute for patent litigation venue, venue is proper in a judicial district if either (1) the defendant is incorporated in the district or (2) the defendant infringes within the district and also has a “regular and established places of business” in the district. Here, none of the defendants are incorporated in E.D.

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At the Lectern

JULY 12, 2021

First, the court resolves a statute of limitations issue. ” Thus, the plaintiff’s lawsuit was brought within the applicable two-year statute of limitations when he filed suit on his 20th birthday. City of Fontana , that is.

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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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