AUSTIN - The amount of franchise taxes Sirius XM Radio should pay to Texas is based on where the company produces its programs – not where customers listen to them, according to the state’s highest court.
HOUSTON - The 14th Court of Appeals today affirmed a lower court decision to grant Dow Chemical summary judgment on the ground of limitations in a lawsuit alleging a man developed cancer after being exposed to radiation.
WASHINGTON – The Center for Immigration Law and Policy at the UCLA School of Law today filed an amicus brief in Biden v. Texas arguing that injunctions obtained by individual states should rarely be applied nationwide, and instead should generally be limited to the territory of the states that filed suit.
Justice Sonia Sotomayor’s ill-informed comments and questions at the recent oral argument in the challenge to the Biden Administration’s COVID vaccination mandate case (National Federation of Independent Business v. Department of Labor) provide a timely reminder that the hyper-elite legal talent on the nation’s High Court is not always what it is cracked up to be.
“Lawfare is an ugly tool by which to seek the environmental policy changes the California Parties desire, enlisting the judiciary to do the work that the other two branches of government cannot or will not do to persuade their constituents that anthropogenic climate change (a) has been conclusively proved and (b) must be remedied by crippling the energy industry.”
AUSTIN - A health care provider’s general policies and procedures fall outside the narrow scope of pre-report discovery permitted in medical-liability cases, the Texas Supreme Court recently opined.
IJ client Azael Sepulveda can finally open his mechanic's shop in Pasadena, Texas. That's because of a rare temporary injunction we secured yesterday against the city's demand that he build dozens of useless and expensive parking spots.
AUSTIN - The Texas Supreme Court recently reversed an appellate court judgment, finding that a suit alleging treatments at a med spa caused skin scarring and discoloration constitutes a health care liability claim.
After two years, the extraordinary government measures—federal, state, and local—taken in response to the COVID pandemic, some of which were supposed to be temporary, have finally begun to abate, along with the fear and panic that inspired them.
AUSTIN - The Texas Supreme Court denied ExxonMobil’s petition for review Friday, halting the oil giant’s legal effort to pull back the curtain on the authors of climate change litigation.
AUSTIN - While California municipalities bringing climate change lawsuits argue Texas courts lack jurisdiction over litigation brought by ExxonMobil, one group is arguing that their suits are “actually part of a coordinated, nationwide campaign targeting Texas businesses.”
Legal scholars continue to explore the frontier of constitutional interpretation, with recent books by Ilan Wurman (The Second Founding; A Debt Against the Living), Kurt Lash (The Fourteenth Amendment and the Privileges and Immunities of American Citizenship; The Reconstruction Amendments), Randy Barnett (The Original Meaning of the Fourteenth Amendment; Our Republican Constitution), and many others.
AUSTIN - On Friday, the Texas Supreme Court affirmed a ruling in favor of BlueStone Natural Resources in a mineral dispute involving a “frequently litigated issue: whether and to what extent a royalty interest bears a proportionate share of postproduction costs.”
AUSTIN - A Houston attorney is asking the Texas Supreme Court to “condemn” the asserted “political statements” the Second Court of Appeals made in its opinion concerning ExxonMobil’s climate change case.
First of all, don’t mess with Texas. Second, if you’re foolish enough to try that, plan on messing with Texas in Texas, because our state’s long-arm statute gives us the home-field advantage.
