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Fifth Circuit Update: Preemption, Successor Liability and Fed Courts Final Exam
Wouldn’t you know the week that work piles on, the Fifth Circuit does too. The court released lots of published opinions in the last week. In particular, if you’re an administrative law junkie, or a...
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Fifth Circuit Update: Trade Secrets, Fiduciaries in Bankruptcy and Mass Tort...
Here is the Murphy’s Law of the blogosphere: courts will let fly with all kinds of new opinions when the blogger lacks time to keep up with them. Lest I fall too far behind, here are three from the...
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Updates on Transfers in the Eastern District of Texas
1. Microsoft: Transferred from Texas to Washington State In November 2010, the Federal Circuit ordered a case transferred out of the Eastern District of Texas in In re Microsoft Corporation, No....
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Texas Supreme Court: A Liability Insurer’s Duty to Indemnify May Exist Even...
The Texas Supreme Court recently ruled that a liability insurer’s duty to indemnify its insured for settlements or judgments is determined by the evidence, not merely the pleadings, and may be invoked...
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Supreme Court of Texas Update: SCOTX Statutes-O-Rama
This recent homily in the Texas Lawyer mentioned how and why the Texas Supreme Court tends to grant statutory cases. This week’s new opinions surely reflect that statutory bias. They are wall-to-wall...
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Here Comes the Appraisal Clause, Here Comes the Appraisal Clause
On May 6, 2011, the Texas Supreme Court addressed the issue of whether a showing of prejudice is required in order to establish waiver of the right to demand an appraisal under an insurance policy....
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Discovery in the Digital Age: Meeting the Challenges of Electronically Stored...
Anyone who has been involved in a lawsuit understands that the discovery phase is critical. During discovery, each party investigates the claims of its opponents and requires them to produce all...
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Supreme Court Limits Bankruptcy Court Jurisdiction – Stern v. Marshall
In a decision that may create serious problems for bankruptcy case administration, the Supreme Court this morning invalidated part of the Bankruptcy Court jurisdictional scheme. Stern v. Marshall, No....
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Combining Disclosed Technology Can Be a Protectable Trade Secret
The U.S. Court of Appeals for the Fifth Circuit has held that, under Texas law, unique combinations of previously disclosed elements can constitute a trade secret. Tewari De-Ox Sys., Inc. v. Mountain...
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Texas Legislature Amends Statute on Choice of Law
On May 27, 2011, the Governor of the State of Texas signed into law amendments to the Texas choice-of-law statute that, effective September 1, 2011, will afford parties greater flexibility when...
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Texas Court of Appeals Rules Retroactive Application of Certain Minimum...
On June 30, Texas’s First Court of Appeals ruled that retroactive application of a provision of state legislation establishing minimum medical criteria for asbestos claimants violates the Texas...
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GOP Candidates Distort Truth on In-State Tuition for Unauthorized Students
Texas Governor Rick Perry, a candidate in the Republican presidential primaries, has been taking a lot of conservative heat lately over his support for the “Texas DREAM Act.” That bill, which Perry...
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House Hearing, New Report Adds to Hysterical Narrative on Border Security
It was clear from the outset that Friday’s Congressional hearing on U.S.-Mexico border security was going to be light on data and heavy on bluster. The tabloid-style title of the hearing said it all:...
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ACLU Brings Cases of Immigration Detention Abuse to Light
Reports of abuse from immigration detention facilities are nothing new. In fact, due to private contractors’ lax attitude and lack of federal oversight, many experts are finding that cases of abuse...
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In Heart of Texas, Sheriff Takes Heat for Honoring Immigration Detainers
A local election in Travis County, Texas, is bringing to light important questions surrounding the controversial Secure Communities program. As recently reported by the Texas Tribune, Democratic...
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Where Do Civil Rights Come From?
Most laws prohibiting discrimination, and many legal definitions of “discriminatory” acts, originated at the federal level through either: Federal legislation, such as the Civil Rights Act of 1964 and...
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What is Discrimination?
In plain English, to “discriminate” means to distinguish, single out, or make a distinction. In everyday life, when faced with more than one option, we discriminate in arriving at almost every decision...
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The Voting Rights Act of 1965
The 1965 Enactment By 1965, concerted efforts to break the grip of voter disfranchisement in certain states had been under way for some time, but had achieved only modest success overall and in some...
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The Voting Rights Act of 1965 – Overview
The 1965 Enactment By 1965, concerted efforts to break the grip of voter disfranchisement in certain states had been under way for some time, but had achieved only modest success overall and in some...
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