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Appellate Courts News on Southeast Texas Record

SOUTHEAST TEXAS RECORD

Sunday, March 2, 2025

Appellate Courts News

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Appellate Courts

Biden had power to issue minimum wage standards, Fifth Circuit says

By John O'Brien |
NEW ORLEANS - As new executive orders come flying out of President Donald Trump's office, a federal appeals court has rejected the challenge of Texas and other states to his predecessor's federal minimum wage standards, rejecting arguments to not "lose sight of common sense."

Appellate Courts

Protestor struck by police horse can't sue Houston; Civil disobedience has limits, court says

By John O'Brien |
HOUSTON - A state appeals court has ruled against a woman who tried to sue the City of Houston after she was hit by a police horse during a George Floyd protest.

Appellate Courts

Regulation without representation: How far should a city's power extend?

By John O'Brien |
AUSTIN - Those who don't believe cities they don't live in should be able to tell them what to do with their property are taking their case to the Texas Supreme Court.

Appellate Courts

Pipeline plaintiffs fail to specify who did what, lose claims against CenterPoint and Enterprise

By John O'Brien |
HOUSTON - More than 100 property owners in Channelview have lost two targets they'd hoped to blame for damage allegedly caused by two crude pipelines.

Appellate Courts

Facebook avoids sex-trafficking MDL, as Texas Supreme Court steps in for first time

By John O'Brien |
AUSTIN - It's taken more than six years for a woman who was allegedly sexually assaulted at a Houston hotel to figure out where her case will be heard.

Appellate Courts

Big pollution penalty over Exxon's Baytown emissions affirmed

By John O'Brien |
NEW ORLEANS - Exxon is ordered to pay a $14.25 million pollution penalty, a federal appeal court recently held in a case over the company's Baytown refinery.

Appellate Courts

Hinting at sexual abuse doesn't rise to defamation by dentist

By John O'Brien |
HOUSTON - A Texas family who went to court to punish their dentist for suggesting their teenaged daughter had possibly been the victim of sexual abuse has again seen their case tossed.

Appellate Courts

Doctors defeat collection effort after colleague hit with big verdict in brain damage case

By John O'Brien |
HOUSTON - A man who once scored an eight-figure medical malpractice verdict in Harris County has struck out on his effort to collect the full amount.

Appellate Courts

Evidence suggests sniper, not Metro officer, shot policeman, court says

By Daniel Fisher |
HOUSTON - A trial judge improperly denied the Houston metropolitan transit authority a chance to blame a police officer’s shooting on a sniper instead of one of its own employees, a Texas appeals court ruled.

Appellate Courts

Devon Energy not 'at home' in Texas, can't be sued there for New Mexico accident

By John O'Brien |
HOUSTON - An Oklahoma company can't be sued in Texas for injuries to a Louisiana man working in New Mexico, a Texas appeals court has found.

Appellate Courts

Baytown cop beats lawsuit after traffic stop turns ugly

By John O'Brien |
NEW ORLEANS - A federal appeals court has ruled for a Baytown cop who had his dog go after a suspect in a traffic stop on Valentine's Day. NEW ORLEANS - A federal appeals court has ruled for a Baytown cop who had his dog go after a suspect in a traffic stop on Valentine's Day.

Appellate Courts

Fifth Circuit rules telehealth veterinarian’s constitutional rights were violated by Texas state law

By Nicholas Malfitano |
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has decreed that a requirement from the Texas State Board of Veterinary Medical Examiners for those conducting such exams of pets do so in person, does in fact violate the constitutional rights of a telehealth veterinarian.

Appellate Courts

First District appeals court affirms decision of Consumer Credit Commissioner to fire examiner

By Nicholas Malfitano |
HOUSTON – A Texas appeals court has upheld a lower court’s decision to concur with the Texas Office of Consumer Credit Commissioner’s decision to fire one of its examiners for using a business credit card for personal use, and to reject the plaintiff’s allegations of discrimination and retaliation.

Appellate Courts

Fourteenth Court of Appeals affirms dismissal of claims against engineering firms, connected to rail yard contamination

By Nicholas Malfitano |
HOUSTON – A Texas appeals court has affirmed the dismissal without prejudice of claims lodged against two professional engineering firms, stemming from environmental contamination at the Union Pacific Englewood Rail Yard near residential neighborhoods in Houston.

Appellate Courts

Trampoline injury case has one defendant in arbitration, others in court

By John O'Brien |
HOUSTON - Part of a case of a young girl hurt at a Beaumont trampoline park must proceed in arbitration, an appeals court has ruled, despite the girl not signing away her right to sue in open court.

Appellate Courts

Fifth Circuit affirms lower federal court ruling on Department of Labor’s authority on “White Collar Exemption”

By Nicholas Malfitano |
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has upheld a Texas federal court’s ruling to grant summary judgment to the U.S. Department of Labor, in response to litigation which had challenged the Department’s authority to define the so-called “White Collar Exemption” in the Fair Labor Standards Act to include a minimum-salary requirement.

Appellate Courts

Fifth Circuit appeals court finds constitutional rights of minor parties in Texas were not violated

By Nicholas Malfitano |
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has joined a lower federal court in finding that the constitutional rights of minor political parties and their candidates in Texas were not violated by numerous provisions of the Texas Election Code.

Appellate Courts

Fifth Circuit laments federal government's failure to respond to citizens

By John O'Brien |
NEW ORLEANS - It's not her fault the federal government dragged its heels, an appeals court has ruled in reviving a white woman's discrimination lawsuit against a Houston hospital.