The Texas Supreme Court heard oral arguments Tuesday morning in a lawsuit where mother of four Grissel Velasco is suing Dr. Michiel R. Noe for both his failure to perform a sterilization procedure she requested and his failure to inform her the procedure had not been done. Velasco is seeking pain and mental anguish damages for the so-called wrongful pregnancy that came about 15 months after she thought she had been sterilized.
Biz Community Tells SCOTX Abortion Ban Has Cost Texas $14.5B
An amici army 40 strong, led by dating app Bumble Inc. and joined by Match Group, SXSW, Amalgamated Bank, Central Presbyterian Church, a handful of boutique law firms, doctors and hospitality companies, filed their brief with the Texas Supreme Court Monday, about a week before the court is slated to hear oral arguments in Texas v. Zurawski. But the business community is far from the only voice trying to persuade the Texas Supreme Court. A group of 20 states filed an amicus brief, as did a group of 90 Texas legislators and a handful of national women’s rights organizations.
New Texas Solicitor General Inherits Platform to Change Federal Law and Policies
BYU law professor Aaron Nielson is a renowned scholar and “a key member of the conservative legal movement” with expertise litigating against alleged regulatory overreach by federal authorities, according to lawyers and academics familiar with his work and even those who have battled him in court. The new Texas solicitor is an expert on the Administrative Procedure Act, a 1946 law that governs how federal agencies develop and implement regulations and a statute that Paxton has repeatedly used to challenge the authority of federal agencies. But in this article, The Texas Lawbook examines Nielson’s work on a 2020 U.S. Supreme Court case in which he was appointed by the justices to, ironically, brief and argue in favor of the constitutionality of the Federal Housing Finance Agency’s structure — a position that legal experts agree his boss, Texas AG Ken Paxton and other anti-federal agency advocates opposed. Nielson’s arguments won the day.
Litigation Roundup: Paxton Gets TRO to Stop Razor Wire ‘Destruction’ at Border, ITC’s Win Against Enviro Claim Affirmed in Case of First Impression
In this edition of Litigation Roundup, a jury sides with a Baylor graduate in a lawsuit over the alleged mishandling of her sexual assault complaints, a woman sexually assaulted by her masseuse has a $1.8 million punitive award wiped out on appeal, and a judge in Texas puts a nationwide halt to a new Consumer Financial Protection Bureau rule that would require lenders collect certain data from small business borrowers.
Regulations Cutting Roofers Out of Insurance Claim Process Challenged
Tensions between free speech and public protection were exposed during SCOTX arguments on licensing requirements for public adjusters. The justices posed hypotheticals about professions including lawyers, doctors and journalists, but the prevailing image was that of a roofer standing atop a house calling the insurance company.
SCOTX Denies Bid to Skip Over 5th COA in Judicial District Reapportionment Challenge
Keresa Richardson has argued to the courts that the malapportionment of the 14 judicial districts in Texas is a “disease” and that the use of docket equalization measures to even the workload among the courts is a “field dressing.” Richardson is alleging both issues constitute violations of the equal protection clause of the Constitution.
SCOTX to Decide if Thousands of Plaintiffs Can Sue Their Former Fen-Phen Lawyer
Houston lawyer George Fleming says Texas law should bring an end to the claims of thousands of his former clients by analyzing “privity,” or the existence of a legally binding relationship between them, under standards articulated both in the U.S. Supreme Court’s Taylor v. Sturgell and Section 40 of the Restatement of Judgments. SCOTX justices heard arguments Tuesday and had plenty of questions.
Litigation Roundup: Ernst & Young Beats Fraud Claims, Sandy Hook Families Prevail in Alex Jones Bankruptcy
In this edition of Litigation Roundup, a massage company pays $1 million to end the sex assault claims lodged by two female customers, a lawsuit between the parent company of Ace Cash Express and a former business partner seeks as much as nine-figure damages, and American Airlines wins an appeal in a discrimination lawsuit venue fight.
Big Day for the Ho Family at SCOTUS
Allyson Ho called her husband, Fifth Circuit Judge James Ho, with exciting news: She’ll get to argue before the U.S. Supreme Court, her fifth time before the high court. He looked up the case and discovered SCOTUS was also taking on a case he’d drawn attention to.
Fifth Circuit Cites SCOTUS Precedent, Axes Win for McKinney Woman Whose Home Cops Destroyed
The panel determined that because the actions of the McKinney police took to end the hostage situation and standoff were “objectively necessary,” Vicki Baker isn’t entitled to compensation on her Fifth Amendment takings claim. The Fifth Circuit said U.S. Supreme Court precedent, which has long recognized an exception to the takings clause, mandated the outcome and that, as a lower court, “it is not for us to decide that fairness and justice trump historical precedent.”
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