SCOTX, Fifth Circuit Chiefs to Marry
Court officials say it is the first time in U.S. history when a chief judge of a federal appeals court and a state supreme court chief justice have married.
SCOTUS Calls a Halt to ‘War’ Against Texas Bar Mandatory Dues
The Supreme Court also denied certiorari Monday in two mandatory bar cases – one from Michigan and the other from Oklahoma. The actions may slow the momentum of nationwide “bar wars,” but other challenges could be likely.
Texas Supreme Court Gives Plaintiffs Another Shot at a Chick-fil-A at the San Antonio Airport
Plaintiffs, objecting to the San Antonio City Council’s rejection of the restaurant chain’s location inside a San Antonio International Airport concourse, sued under a state law the Texas Legislature specially passed missed a point – the law was not retroactive. But the council’s action came well before the Legislature’s. The Supreme Court sent the case back to the trial court to allow repleading to establish jurisdictional facts – and maybe give the plaintiffs another bite at a chicken sandwich.
Southwest Airlines Brings Its Baggage to the Supreme Court
At issue is a decades-long dispute over the meaning of a clause in the FAA. Lawyers for the Dallas-based airline go before the U.S. Supreme Court on Monday to assert that its baggage loaders and supervisors can be required to undergo arbitration when they file employment complaints.
Oil Exporter’s Oil-Spill Fund Payment an ‘Unconstitutional Export Tax,’ Court Holds. But the Decision Goes Without Precedent
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has decided that payments by oil exporters into an oil-spill remediation fund are unconstitutional export taxes. But the holding held not so much because one judge concurred only in the judgment and one dissented, evidently robbing the decision of precedential value.
Status of Bar Wars: The Reincarnation?
The fact that a petition seeking U.S. Supreme Court review of a challenge to the mandatory Texas bar-association dues has been lumped together with similar disputes from Michigan and Oklahoma suggests the high court may have decided to tackle, once and for all, the extent to which state associations can compel lawyers to pay dues that may finance activities with which they disagree.
AZA Associate Sets Precedent in Fifth Circuit for Sexual Harassment Victims
Kelsi Stayart White set new precedent as an associate with the Houston-based AZA firm in the Fifth Circuit when a three-judge panel this month found for her client, a former Houston female firefighter. The unanimous holding broadens sexual harassment protection in part by allowing her complaint to proceed after she discovered an intimate video taken from her laptop had been circulating among her firehouse colleagues for nine years.
A Special Deal Too Good to Be True. And Was.
From the Texas Supreme Court: A client supposedly in Europe wants help with a debt collection and contacts a Houston lawyer by email, promising a $10,000 retainer. A bad scenario got worse. More than $380,000 wired by the lawyer to Japan: Gone. Plus: Two more cases from the SCOTX docket: SandRidge Energy Inc. v. Barfield and Baby Dolls Topless Saloons Inc. v. Gilbert Sotero.