Constitutional Law Reporter

SEPTEMBER 27, 2021

Supreme Court recently declined to block enforcement of a Texas law that prohibits abortions after six weeks of pregnancy. The Texas law at issue, S.B. The plaintiffs also sued Mark Lee Dickson, an individual who they allege has threatened to file private enforcement actions against them utilizing SB 8’s cause of action.

Laws 52

Laws Court Cause of Action Constitutional Law 52

Constitutional Law Reporter

JUNE 1, 2023

Facts of the Case A Texas jury found petitioner Rodney Reed guilty of the 1996 murder of Stacey Stites. The Texas Court of Criminal Appeals affirmed Reed’s conviction and death sentence. In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law.

Statute 52

Statute Litigation Litigating Cause of Action 52

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.

Court Rules 98

Court Rules Court Contract Statute 98

LawSites

MARCH 26, 2024

The plaintiff, Silvia Diaz-Roa , filed the lawsuit against Hermes Law , a Texas law firm, and ClaimDeck , a litigation management system for insurers and insurance-defense firms that spun out of Hermes Law.

Legal 54

Legal Legal Law Firm Law Firms 54

Constitutional Law Reporter

FEBRUARY 8, 2024

Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation. Natural Resources Defense Council , or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.”

Statute 52

Statute Cause of Action Entertainment Court 52

Patently O

MAY 17, 2021

PerDiemCo , the patentee, is a Texas LLC with rented office space in Marshall, TX. Its sole employee is Robert Babayi–a patent attorney practicing in Washington DC who has apparently never visited the Texas office. Still, the company has repeatedly filed lawsuits in Texas. PerDiemCo owns a number of U.S. Luker , 45 F.3d

Litigation 108

Litigation Litigating Cause of Action Court 108

Constitutional Law Reporter

APRIL 20, 2022

USERRA’s cause of action against state employers may be pursued only in state courts, which a Texas court found to be unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers.

Cause of Action 52

Cause of Action Court Constitutional Law Contract 52

Patently O

DECEMBER 6, 2021

The defendant has Texas-based customers and is alleged to infringe the patent by providing services to those folks. The defendant argues that the NY State claims are based upon actions that are somewhat separate from just selling software (alleged tortious interference activity beyond just selling software).

Statute 76

Statute Cause of Action Court Laws 76

SCOTUSBlog

APRIL 15, 2023

Brownback 22-912 Issue : Whether the Federal Tort Claims Act’s judgment bar, which this court has repeatedly said functions in much the same way as the common-law doctrine of res judicata, nevertheless operates to bar claims brought together in the same action. Devillier v. Transervice Logistics, Inc.

Cause of Action 75

Cause of Action Tort Court Laws 75

Patently O

JANUARY 4, 2024

Although plagiarism is not a cause of action, copyright infringement is – and that serves as the basis of the lawsuit here. Winstead PC , a Texas federal court held that a law firm’s use of copyrighted scientific journal articles in patent applications constituted fair use as a matter of law.

Law Firm 122

Law Firm Law Firms Attorney Legal Research 122

SCOTUSBlog

APRIL 2, 2022

Issue : Whether a court may deny a plaintiff with an antitrust injury proximately caused by a defendant’s antitrust violation a Clayton Act cause of action based on a multifactor, prudential balancing test of “antitrust standing.”. Texas Entertainment Association, Inc. Disclosure : Goldstein & Russell, P.C.,

Government 90

Government Statute Cause of Action Litigation 90

Patently O

OCTOBER 11, 2021

At the same time, the actual cause of action does not stem from the patent laws but rather from the Administrative Procedure Act (APA). The Supreme Court has explained that the first go-to for arising under jurisdiction is the cause of action. In other words, the patent laws are integral to the lawsuit. Minton , 568 U.S.

Statute 78

Statute Cause of Action Court Laws 78

SCOTUSBlog

JANUARY 8, 2024

In response to increased flooding, the Texas Department of Transportation raised Interstate Highway 10 near Houston and built a concrete median barrier. Texas , scheduled for argument on Jan. Lower courts have been divided on whether to allow Item 303 fraud claims and this will be the justices’ first opportunity to weigh in.

Government 85

Government Statute Court Cause of Action 85

SCOTUSBlog

APRIL 26, 2024

Medical Marijuana notes that the Supreme Court indicated – a bit offhandedly, in an opinion addressing another issue – that RICO’s private cause of action “exclud[ed], for example, personal injuries.” If granted, it should make for an interesting argument. relisted after the Apr. 19 conference) Returning Relists Hamm v. 12 and Apr.

Felony 105

Felony Personal Injury Court Cause of Action 105

SCOTUSBlog

MARCH 30, 2022

Texas Department of Public Safety , with Justice Clarence Thomas participating remotely after his hospital stay last week. The department responded that as a state agency, it was immune from suit, and a Texas court agreed and dismissed the suit. Texas Solicitor General Judd Stone arguing for the Texas Department of Public Safety.

Statute 100

Statute Cause of Action Court Government 100

JonathanTurley

JULY 23, 2021

The calls to boycott Ben & Jerry’s ice cream in states like Texas, Florida ,and Oklahoma will give citizens the common choice between something Half Baked and the American Dream. NO PRIVATE CAUSE OF ACTION. (a) The American Dream for many is based on notions the free market and free speech.

Cause of Action 49

Cause of Action Government Manufacturing Laws 49

SCOTUSBlog

OCTOBER 27, 2021

All the action on the relist front after the Oct. Texas , 20-493 , involving gaming on Native American lands, and Denezpi v. It acknowledges a “shallow conflict” on whether federal law impliedly preempts such causes of action, but recommends the court not take the case. A short explanation of relists is available here.

Court 78

Court Government Cause of Action Manufacturing 78

ClimateChange-ClimateLaw

DECEMBER 11, 2020

In October, the federal district court for the Eastern District of Texas denied the plaintiff’s request for a preliminary injunction. The complaint’s allegations included that the Corps failed to analyze NWP-12’s climate change impacts. Optimus Steel, LLC v. Army Corps of Engineers , No. 1:20-cv-00374 (E.D.

Court 54

Court Government Litigation Litigating 54

JonathanTurley

OCTOBER 30, 2022

In October 2021, Danielle Thomas, former exotic dancer known as “Pole Assassin” (and the girlfriend of Texas special teams coach Jeff Banks), found herself embroiled in a Halloween tort after the monkey previously used in her act bit a wandering child at the house of horror she created for Halloween.

Tort 36

Tort Litigation Litigating Manufacturing 36

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Maui asserted causes of action for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. ExxonMobil Asked Texas Supreme Court to Review Denial of Presuit Discovery Against California Cities and Counties. BP America Inc. , 1:20-cv-01429 (D. Exxon Mobil Corp. 20-0558 (Tex.

Cause of Action 96

Cause of Action Court Government Litigation 96

JonathanTurley

OCTOBER 31, 2021

Steven Novak, an artist from Dallas, Texas, believes that Halloween should be a bit more than a traditional plastic pumpkin and a smiling ghost. Police were called to his home in Texas over a possible murder. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn.

Tort 37

Tort Litigation Litigating Manufacturing 37

SCOTUSBlog

JULY 1, 2021

Doe , 20-1374 , concerns whether Section 504 of the Rehabilitation Act (and Section 1557 of the Affordable Care Act, which incorporates its enforcement mechanisms) provides a disparate-impact cause of action for plaintiffs alleging disability discrimination, and whether such claims can be based on facially neutral health-plan terms.

Compensatory Damages 85

Compensatory Damages Government Court Cause of Action 85

SCOTUSBlog

JUNE 16, 2022

Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. Texas , a habeas case involving a death-row defendant. But on remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. But at the end of all that, the court simply denied review.

Government 99

Government Education Court Cause of Action 99

JonathanTurley

OCTOBER 30, 2023

In October 2021, Danielle Thomas, former exotic dancer known as “Pole Assassin” (and the girlfriend of Texas special teams coach Jeff Banks), found not just herself but her pet monkey and emotional support animal Gia (who once performed with her in her act) in a tort lawsuit. Police were called to his home in Texas over a possible murder.

Tort 46

Tort Litigation Litigating Manufacturing 46

JonathanTurley

NOVEMBER 27, 2020

A Texas court is looking into whether copying Turkey cooking instructions is a copyright violation. She said that they responded to her request to celebrate Thanksgiving by calling her an “ABCD,” which stands for “American-Born Confused Desi.”. Source: Eboss. ———————————————————————. Greenberg Smoked Turkeys, Inc. Goode-Cook, Inc. ,

Tort 33

Tort Statute Court Criminal Law 33

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Found Deficiencies in Climate Change and Environmental Justice Analyses for Texas LNG Export Terminals. Tribe and Nonprofit Groups Challenged Corps of Engineers Permit for Oil Export Terminal Expansion Project in Texas.

Litigation 40

Litigation Litigating Court Laws 40

SCOTUSBlog

AUGUST 8, 2023

In June, a federal judge in Fort Worth, Texas, had barred the ATF from enforcing the rule anywhere in the United States. They dismissed the Biden administration’s arguments against universal injunctions as “policy concerns” that cannot supplant Congress’s decision to allow courts to vacate actions by agencies that exceed their authority.

Court 98

Court Manufacturing Cause of Action Government 98

ClimateChange-ClimateLaw

JULY 2, 2021

The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. In addition, the defendants argued that the claims were not ripe, that the states lacked a cause of action, and that their claims were meritless.

Court 44

Court Statute Litigation Litigating 44

SCOTUSBlog

DECEMBER 1, 2023

Sandra’s mother, Ada Mae, was the college-educated daughter of a prosperous Texas merchant and rancher. The Lazy B was so remote that Sandra’s parents sent her to live with her grandparents in El Paso, Texas, a four-hour train ride away, to attend school, beginning in first grade and continuing (except for one year) through high school. “I

Court 143

Court Bar Exam Education Government 143

JonathanTurley

DECEMBER 23, 2020

“If there is a bedrock principle underly- ing the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” Johnson, 491 U. 397, 414 (1989). Indeed, “the point of all speech protection. Here is the provision : 1708.85. (a)

Tort 41

Tort Cause of Action Court Constitutional Law 41