Court, Court Decisions and Texas

US federal judge orders Texas to remove floating barriers from Rio Grande border with Mexico

JURIST

SEPTEMBER 6, 2023

A Texas federal district judge issued a preliminary injunction on Wednesday that ordered Texas to move its floating barrier from the Rio Grande’s main waters to the riverbank. ” Thus, Ezra concluded that the US demonstrated a “substantial likelihood of success” that Texas violated the act. .”

Construction

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California dispatches: Newsom ‘pulls a Texas’ on guns in response to Supreme Court stance on SB8 heartbeat bill

JURIST

DECEMBER 16, 2021

This tit-for-tat directive against Texas SB8 is the latest of the bold moves Newsom has taken and responds directly to the Supreme Court decision last week. JURIST is launching a new series of dispatches from major US states written by JURIST correspondents “on the ground” in those jurisdictions.

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Many preventive medical services cost patients nothing. Will a Texas court decision change that?

Above The Law

SEPTEMBER 11, 2022

District Court for the Northern District of Texas says one way that preventive services are selected for the no-cost coverage is unconstitutional. A key part of the ruling by Judge Reed O’Connor of the U.S.

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Texas Justices Reinstate Defense Verdict In Store Fall Suit

Law 360

APRIL 5, 2024

The Texas Supreme Court on Friday reversed a lower appellate court's decision to reinstate a slip-and-fall suit against an Albertsons LLC grocery store, saying that although certain instructions may have been erroneously given to the jury, the effect was harmless and not unfair.

Court Decisions

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Texas Supreme Court Decision on S.B. 8

LPB Network

MARCH 11, 2022

This morning, the Supreme Court of Texas issued its decision in Whole Woman’s Health v. It is the latest development in the litigation over Texas’s abortion law, S.B. Supreme Court’s decisions in December (covered here), After the U.S.

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“Fewer patients, smaller staff, an uncertain future: abortion providers await court decision on Texas law; For two months, providers have had to work in a sort of limbo as they wait to see if the new law passes the Supreme Court’s review.”

HowAppealing

NOVEMBER 25, 2021

“Fewer patients, smaller staff, an uncertain future: abortion providers await court decision on Texas law; For two months, providers have had to work in a sort of limbo as they wait to see if the new law passes the Supreme Court’s review.”

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“Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns; Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions”

HowAppealing

FEBRUARY 9, 2023

“Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns; Advocates for domestic violence victims were stunned by the 5th U.S.

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“Gov. Abbott’s ban on school mask mandates back in effect after Appeals Court decision; U.S. 5th Circuit judges halted an injunction on the mask mandate ban”

HowAppealing

DECEMBER 1, 2021

Abbott’s ban on school mask mandates back in effect after Appeals Court decision; U.S. Court of Appeals for the Fifth Circuit at this link. 5th Circuit judges halted an injunction on the mask mandate ban”: Emily Donaldson and Talia Richman of The Dallas Morning News have this report.

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Who Escapes Texas? And Where Do They Go? Mandamus Petitioners and Transferee Courts in Patent Venue Disputes

Patently O

JUNE 17, 2022

The ability to “judge shop” is the primary reason patentees once flocked to the Marshall Division of the Eastern District of Texas to file their infringement suits and are now flocking to the Waco Division of the Western District of Texas, where they’re guaranteed to have their case assigned to Judge Alan Albright.

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Court revives DNA evidence case of Texas man on death-row

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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Divided court rejects Texas’ bid to control gambling in tribal casinos

SCOTUSBlog

JUNE 16, 2022

Share Wednesday’s decision in Ysleta del Sur Pueblo v. 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. Justice Neil Gorsuch’s opinion for the court squarely rejects that understanding.

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Rural Texas DAs’ Big Prosecution Dreams

LegalReader

JULY 5, 2022

Legislation may be introduced allowing rural Texas DAs to prosecute people outside of their jurisdictions, greasing a slippery slope.

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Texas Federal Judge Orders Suspension of Daca Program

Chugh LLP

JULY 16, 2021

On Friday, July 16, 2021, Texas federal judge Andrew Hanen ruled that the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act and should be suspended. The 616,000 current DACA recipients will not be affected by the court decision. By: Jacqueline Valle.

Immigration

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Amazon Gets 5th Circ. 'Seller' Win After Texas Court Weighs In

Law 360

JUNE 29, 2021

Having received guidance from the Texas Supreme Court that Amazon cannot be held liable for third-party products that are shipped and fulfilled by Amazon, but not manufactured by the company under its brand, the Fifth Circuit on Tuesday reversed a lower court's decision that Amazon is a "seller" under the state's law.

Manufacturing

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Justices to review long-simmering dispute over gambling on tribal lands in Texas

SCOTUSBlog

FEBRUARY 21, 2022

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.

Statute

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US Ninth Circuit Court of Appeals rejects environmental challenge to DACA

JURIST

JULY 21, 2021

The Ninth Circuit Court of Appeals affirmed a lower court decision on Monday rejecting an environmental challenge to the Deferred Action for Childhood Arrivals (DACA) program. The ruling comes just days after a district court in Texas found that the entire DACA program was unlawful.

Immigration

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How The Supreme Court Changed Juvenile Justice

The Crime Report

NOVEMBER 2, 2023

An increasing number of Americans now believe US Supreme Court decision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.

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Texas judge says mandate to cover HIV meds violates religious freedom

Above The Law

SEPTEMBER 9, 2022

The judge’s ruling mentioned the Supreme Court decision in Burwell v. Hobby Lobby multiple times, which said that the chain of stores did not have to cover contraception since it violated the RFRA. .

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Federal appeals court refuses to stay decision striking down CDC eviction moratorium

JURIST

MARCH 31, 2021

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.

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United States: Texas Supreme Court Confirms That HouseCanary Must Fly Toward A $201 Million Judgment Or A Retrial - Seyfarth Shaw LLP

Mondaq

JULY 1, 2022

On June 17, 2022, the Texas Supreme Court affirmed a lower appellate court's decision, (which we previously wrote about here), which nixed the plaintiff's $740 million trade secret win at trial.

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Minnesota court denies request to require statewide public school mask mandate

JURIST

SEPTEMBER 16, 2021

Parents Advocating for Safe Schools (PASS), an association of Minnesota parents, filed suit against the state of Minnesota and Governor Timothy Walz, asking the court to order Walz to impose a statewide mask requirement for all public schools. Pass also asked the court to issue a temporary restraining order compelling Walz to require masks.

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Wrap-up of bills in Texas Legislature of interest to Texas land and mineral owners

OilandGasLawyer

JUNE 9, 2021

This bill, signed by the Governor, fixes a problem with the provisions of the Texas Business and Commerce Code that grant a security interest in oil and gas production and proceeds to secure the payor’s obligation to pay royalty owners. I have written about this problem before. SB 1259.

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Supreme Court to Consider Constitutionality of State Social Media Laws

Constitutional Law Reporter

OCTOBER 18, 2023

Supreme Court next term. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Facts of the Cases The two cases before the Court, Moody v. Meanwhile, the Texas law, H.B. In the Florida case, the Eleventh Circuit Court of Appeals affirmed a preliminary injunction in part.

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Mexico top court declares criminalizing abortion unconstitutional

JURIST

SEPTEMBER 8, 2021

Mexico’s Supreme Court of Justice of the Nation ruled Tuesday that total criminalization of abortion is unconstitutional. The unanimous decision from a bench of 10 judges invalidated Article 196 of the Penal Code of Coahuila. The decision has been touted as Mexico’s Roe v.

Court

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Court Rulings Prod Expansion of Gun Rights Across U.S.

The Crime Report

OCTOBER 11, 2022

Since the Supreme Court struck down New York’s longstanding gun law, lower courts have ruled heavily against restricting guns, reports Jacob Gershman in the Wall Street Journal. . In one recent case, a Texas federal judge ruled that the Constitution allows 18-to-20-year-olds to carry handguns outside for protection.

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California legislature introduces legislation authorizing private citizen suits against gun industry

JURIST

JANUARY 7, 2022

The governor expressed outrage last month to the Supreme Court decision and said that “if states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way.”

Manufacturing

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US abortion bans hamper medical standards and put patients at risk, study reveals

JURIST

MAY 17, 2023

The study is organized by the Texas Policy Evaluation Project (TxPEP) based at The University of Texas at Austin and Advancing New Standards in Reproductive Health (ANSIRH) based at the University of California San Francisco. At a federal level, the Supreme Court recently upheld access to abortion pill mifepristone.

Healthcare

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Religion and the Death Penalty’s Most Devout Supporters: “Father Forgive them, for They Know Not What They Are Doing”

The Crime Report

DECEMBER 5, 2023

On January 21, 2023, he hanged himself on death row at the Polunsky Unit in Livingston, Texas. Andrus’ decision to end his own life rather than allow the State of Texas to take it came roughly six months after the U.S. In its June 2020 decision , the U.S. That did not end his tragic story.

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Biz Groups Want To Expedite NLRB Joint Employer Rule Fight

Law 360

NOVEMBER 14, 2023

A coalition of business groups challenging the National Labor Relations Board's new joint employer rule has asked a Texas federal judge to speed up the resolution of the case, saying it's important to get a court decision before the rule goes into effect Dec.

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“Alito Responds to Critics of the Supreme Court’s ‘Shadow Docket’; In a speech at Notre Dame, the justice addressed recent emergency rulings on abortion, asylum and evictions, saying they followed longstanding procedures”

HowAppealing

SEPTEMBER 30, 2021

“Alito Responds to Critics of the Supreme Court’s ‘Shadow Docket’; In a speech at Notre Dame, the justice addressed recent emergency rulings on abortion, asylum and evictions, saying they followed longstanding procedures”: Adam Liptak of The New York Times has this report. Alito says high court is no such thing.”

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The morning read for Wednesday, June 1

SCOTUSBlog

JUNE 1, 2022

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Wednesday morning read: Supreme Court case may determine winner of Pennsylvania’s GOP Senate primary (Ariane de Vogue, CNN). Do Dissents of the Past Foreshadow Dissents on the Current Court?

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Ex-FDA Officials Back Feds In Abortion Pill Fight At 5th Circ.

Law 360

MAY 3, 2023

Department of Justice, along with more than 250 members of Congress, have backed the federal government's challenge at the Fifth Circuit to a Texas federal court decision that blocked access to a common abortion medication. Food and Drug Administration and U.S.

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As Courts Decline to Review Louisiana Solitary Confinement Laws, I remember My Time in A Louisiana Penitentiary

The Crime Report

APRIL 28, 2023

Fifteen months earlier (June 18, 2021), the Fifth Circuit Court of Appeals in Hope v. The decision by the Fifth Circuit ran against the grain of at least five other federal circuit courts of appeals which have held that, under certain circumstances, solitary confinement can create an Eighth Amendment violation. Sinclair v.

Court

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Hlavinka v. HSC Pipeline Partnership – No Ordinary Condemnation Case

OilandGasLawyer

JUNE 15, 2022

A recent Texas Supreme Court decision on pipeline eminent domain, Hlavinka v. HSC Pipeline : The Hlavinka family own some 13,000 acres in Brazoria County, Texas, situated near the Texas Gulf Coast directly between refinery and industrial centers.

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“They Tell Me I Shouldn’t But.”: Sotomayor Calls on Law Students to Oppose the Texas Abortion Law

JonathanTurley

OCTOBER 1, 2021

The late Ruth Bader Ginsburg was celebrated as “notorious” due in part to her controversial public speeches and discussions of pending or expected cases before the Court. In her comments, Sotomayor appeared to call for political campaigns and discussed a matter just before the Court. New appeals are working toward the Court.

Laws

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Exxon and “Lawfare”

OilandGasLawyer

FEBRUARY 18, 2022

” The Fort Worth Court of Appeals used the term in an opinion that has caused quite a stir in legal circles. The Fort Worth Court’s opinion, in City of San Francisco, et al. The defendants moved to dismiss Exxon’s Rule 202 petition on the ground that the court had no personal jurisdiction over them.

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SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

Statute

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Patent Law at the Supreme Court February 2022

Patently O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court. The court recently denied certiorari in Yu v.

Laws

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Another Bankruptcy Court Weighs In On Rejection of Gas Contracts

OilandGasLawyer

NOVEMBER 17, 2020

On October 28 Judge David Jones, US Bankruptcy Court for Southern District in Houston, issued a memorandum opinion in Chesapeake Energy’s bankruptcy (Case No. 20-33233), granting Chesapeake’s motion to reject its contract to sell gas to ETC Texas Pipeline. ” As the court explained, In simple terms, Sec.

Contract

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PBEX v. Dorchester — Adverse Possession of a Non-Operating Working Interest

OilandGasLawyer

JULY 18, 2023

The Amarillo Court of Appeals recently decided PBEX II, LLC, et al. The Court’s opinion relies on two Texas Supreme Court decisions that were controversial: Natural Gas Pipeline co. Dorchester Minerals, L.P. addressing an interesting issue on adverse possession of a non-operating working interest.

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Justices allow execution of Alfred Bourgeois to proceed

SCOTUSBlog

DECEMBER 11, 2020

Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. The Supreme Court ruled in 2002 in Atkins v.

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Federal appeals court upholds Texas law prohibiting second trimester abortion method

JURIST

AUGUST 21, 2021

The US Court of Appeals for the Fifth Circuit on Wednesday overturned a panel decision and upheld Texas Senate Bill 8 (SB8), which seeks to prohibit a specific type of dilation and evacuation (D&E) abortion method.

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Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test

SCOTUSBlog

DECEMBER 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. The only catch?

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Justices will take up cases on arbitration, locomotives, and Congress’ war powers

SCOTUSBlog

DECEMBER 15, 2021

Share The Supreme Court on Wednesday morning granted three more cases from the justices’ private conference last week. In March, the Supreme Court asked the federal government for its views on whether Congress has the power to authorize lawsuits against states, even without their consent, pursuant to its war powers. In Torres v.

Court

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US federal judge orders Texas to remove floating barriers from Rio Grande border with Mexico

California dispatches: Newsom ‘pulls a Texas’ on guns in response to Supreme Court stance on SB8 heartbeat bill

Trending Sources

Many preventive medical services cost patients nothing. Will a Texas court decision change that?

Texas Justices Reinstate Defense Verdict In Store Fall Suit

Texas Supreme Court Decision on S.B. 8

“Fewer patients, smaller staff, an uncertain future: abortion providers await court decision on Texas law; For two months, providers have had to work in a sort of limbo as they wait to see if the new law passes the Supreme Court’s review.”

“Gov. Abbott’s ban on school mask mandates back in effect after Appeals Court decision; U.S. 5th Circuit judges halted an injunction on the mask mandate ban”

Who Escapes Texas? And Where Do They Go? Mandamus Petitioners and Transferee Courts in Patent Venue Disputes

Court revives DNA evidence case of Texas man on death-row

Divided court rejects Texas’ bid to control gambling in tribal casinos

Rural Texas DAs’ Big Prosecution Dreams

Texas Federal Judge Orders Suspension of Daca Program

Amazon Gets 5th Circ. 'Seller' Win After Texas Court Weighs In

Justices to review long-simmering dispute over gambling on tribal lands in Texas

US Ninth Circuit Court of Appeals rejects environmental challenge to DACA

How The Supreme Court Changed Juvenile Justice

Texas judge says mandate to cover HIV meds violates religious freedom

Federal appeals court refuses to stay decision striking down CDC eviction moratorium

United States: Texas Supreme Court Confirms That HouseCanary Must Fly Toward A $201 Million Judgment Or A Retrial - Seyfarth Shaw LLP

Minnesota court denies request to require statewide public school mask mandate

Wrap-up of bills in Texas Legislature of interest to Texas land and mineral owners

Supreme Court to Consider Constitutionality of State Social Media Laws

Mexico top court declares criminalizing abortion unconstitutional

Court Rulings Prod Expansion of Gun Rights Across U.S.

California legislature introduces legislation authorizing private citizen suits against gun industry

US abortion bans hamper medical standards and put patients at risk, study reveals

Religion and the Death Penalty’s Most Devout Supporters: “Father Forgive them, for They Know Not What They Are Doing”

Biz Groups Want To Expedite NLRB Joint Employer Rule Fight

“Alito Responds to Critics of the Supreme Court’s ‘Shadow Docket’; In a speech at Notre Dame, the justice addressed recent emergency rulings on abortion, asylum and evictions, saying they followed longstanding procedures”

The morning read for Wednesday, June 1

Ex-FDA Officials Back Feds In Abortion Pill Fight At 5th Circ.

As Courts Decline to Review Louisiana Solitary Confinement Laws, I remember My Time in A Louisiana Penitentiary

Hlavinka v. HSC Pipeline Partnership – No Ordinary Condemnation Case

“They Tell Me I Shouldn’t But.”: Sotomayor Calls on Law Students to Oppose the Texas Abortion Law

Exxon and “Lawfare”

SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Patent Law at the Supreme Court February 2022

Another Bankruptcy Court Weighs In On Rejection of Gas Contracts

PBEX v. Dorchester — Adverse Possession of a Non-Operating Working Interest

Justices allow execution of Alfred Bourgeois to proceed

Federal appeals court upholds Texas law prohibiting second trimester abortion method

Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test

Justices will take up cases on arbitration, locomotives, and Congress’ war powers

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