Category Archives: Legal matters

SCOTx hears SB8 argument

Posted on February 26, 2022 by Charles Kuffner

I’ll be honest, I had not realized this was on the calendar. The Texas Supreme Court got its first chance to weigh in on the state’s new abortion law Thursday, hearing arguments in a narrow challenge to the restrictions, which … Continue reading →

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Anti-abortion zealots make their move under SB8

Posted on February 25, 2022 by Charles Kuffner

This is where it really starts to get scary and ugly. For nearly six months, as Texas’ novel abortion law has wended its way through the courts, abortion providers and opponents have been locked in a stalemate. The law, known … Continue reading →

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Some DAs refuse to enforce Abbott’s anti-trans order

Posted on February 25, 2022 by Charles Kuffner

More like this, please. District attorneys in five of the largest counties in Texas on Thursday announced that they will not comply with Gov. Greg Abbott’s (R) and state attorney general Ken Paxton’s (R) directive that state agencies begin investigating … Continue reading →

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Beaumont versus Disney, Netflix, and Hulu

Posted on February 25, 2022 by Charles Kuffner

Oh, this is going to be fun. The City of Beaumont is suing Netflix, Hulu, and Disney for failure to pay franchise fees. At Tuesday’s city council meeting, the city attorney was officially authorized to file the lawsuit. The city … Continue reading →

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Go ahead and blame Greg Abbott for your high electricity bills

Posted on February 24, 2022 by Charles Kuffner

They really are his fault. The former head of the Texas power grid testified in court Wednesday that when he ordered power prices to stay at the maximum price cap for days on end during last year’s frigid winter storm and blackout, running up … Continue reading →

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Deshaun Watson will face some depositions

Posted on February 24, 2022 by Charles Kuffner

A long-awaited update on this case. Houston Texans quarterback Deshaun Watson must undergo depositions in connection to at least some of the 22 misconduct allegations made against him before April, a judge on Monday ordered. Lawyers involved in civil litigation … Continue reading →

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I regret to inform you that Ken Paxton may not be an honest broker

Posted on February 22, 2022 by Charles Kuffner

You should maybe be sitting down for this. The whistleblowers who sued Texas Attorney General Ken Paxton after he fired them for accusing him of bribery and abuse of office are speaking out against him publicly for the first time … Continue reading →

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COVID madness

Posted on February 20, 2022 by Charles Kuffner

How many ways will unhinged lunatics find to kill us? A federal appeals court has reversed a ruling, effectively halting United Airlines’ COVID-19 vaccine mandate for employees. The majority on the 5th U.S. Circuit panel ruled in favor of lifting … Continue reading →

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Of course the Fifth Circuit put a hold on the SB1 injunction

Posted on February 19, 2022 by Charles Kuffner

There is nothing more reliable in this world than the Fifth Circuit giving Republicans everything they ask for. The 5th U.S. Circuit Court of Appeals has put a temporary hold on a preliminary injunction that had blocked enforcement of a … Continue reading →

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Winter storm litigation about to get busy

Posted on February 19, 2022 by Charles Kuffner

Some test cases will be underway soon. During the past year, the wrongful-death, personal injury and property damage lawsuits — nearly all consolidated before one judge in Houston — moved at a snail’s pace. Hardly any court hearings were conducted. … Continue reading →

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Injunction granted in lawsuit over criminal penalties for election officials who encourage voting by mail

Posted on February 13, 2022 by Charles Kuffner

That’s a somewhat complicated headline for this. A new Texas law that keeps local election officials from encouraging voters to request mail-in ballots likely violates the First Amendment, a federal judge ruled late Friday. Following a testy three-hour hearing earlier … Continue reading →

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Anti-Israel boycott law knocked down again

Posted on February 5, 2022 by Charles Kuffner

Turns out this is a First Amendment violation. Who knew? (Spoiler alert: Pretty much everyone else in the world.) Texas can’t forbid an engineering firm from boycotting Israel as part of its contract with Houston City Hall, a federal judge … Continue reading →

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Voting Rights Groups Sue Texas for Failure to Disclose Records Related to Voter Purges

Posted on February 3, 2022 by Charles Kuffner

From the inbox: The Campaign Legal Center (CLC), the American Civil Liberties Union Foundation of Texas, the Mexican American Legal Defense and Educational Fund (MALDEF), Lawyers’ Committee for Civil Rights Under Law and DĒMOS filed a lawsuit asking the U.S. … Continue reading →

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No restraining order in SD10 lawsuit

Posted on February 2, 2022 by Charles Kuffner

The March primary will officially proceed as scheduled. A federal three-judge panel in El Paso on Tuesday denied a request by Tarrant County residents to block a reconfigured state Senate district from being used in the upcoming March primary election … Continue reading →

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The SD10 redistricting lawsuit gets off to a rousing start

Posted on January 28, 2022 by Charles Kuffner

I did not see this coming. In a sworn declaration submitted as part of an ongoing federal court challenge, a senior Republican state senator with redistricting experience said he believes his party violated federal voting laws when it drew new … Continue reading →

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Can the CCA withstand political pressure?

Posted on January 28, 2022 by Charles Kuffner

Sure hope so. Texas Court of Criminal Appeals judges’ phone lines and email inboxes have been flooded for more than a week by callers angry about a ruling last month that stripped Attorney General Ken Paxton of the authority to … Continue reading →

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SD10 lawsuit gets its hearing

Posted on January 25, 2022 by Charles Kuffner

The last possible obstacle to a March primary, and the first redistricting lawsuit to get a merits hearing. A federal district judge in El Paso on Tuesday will preside over one of several challenges against the state of Texas and … Continue reading →

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Supreme Court to hear whether state redistricting lawsuit can proceed

Posted on January 24, 2022 by Charles Kuffner

Here’s the update I’ve been waiting for. Not what I was hoping for, but it is what it is. The state’s bid to toss a legal challenge arguing last year’s GOP-led redistricting effort violated the Texas Constitution is headed to … Continue reading →

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Paxton thumbs his nose at open records demand

Posted on January 22, 2022 by Charles Kuffner

Water is wet. The sun rises in the east. Ken Paxton DGAF about government, ethics, accountability or any of that other namby-pamby stuff. Attorney General Ken Paxton said the Travis County district attorney’s determination that Paxton violated open records laws … Continue reading →

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SB8 litigation will stay with SCOTx

Posted on January 22, 2022 by Charles Kuffner

Another game of Calvinball, same result. The U.S. Supreme Court denied on Thursday abortion providers’ latest request to intervene in the ongoing legal challenge against Texas’ restrictive abortion law, cutting off one of their few remaining paths to a speedy … Continue reading →

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You (probably) still have to get vaxxed if you work in Houston

Posted on January 20, 2022 by Charles Kuffner

I’m glad to see this, but there’s a huge question that this story doesn’t address, much less answer. Local companies say they will maintain their vaccination policies despite last week’s Supreme Court ruling that struck down the Biden administration’s vaccination … Continue reading →

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Paxton accused of violating open records law

Posted on January 15, 2022 by Charles Kuffner

Put it on his tab. The Travis County district attorney has determined that Attorney General Ken Paxton violated the state’s open records law by not turning over his communications from last January, when he appeared at the pro-Trump rally that … Continue reading →

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Former Railroad Commissioner Ryan Sitton sues a blogger

Posted on January 15, 2022 by Charles Kuffner

Obviously, a story like this is going to attract my attention. A former Texas oil and gas regulator has accused a blogger of helping derail his 2020 reelection campaign by falsely claiming he had an extramarital affair. In a lawsuit filed last month … Continue reading →

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Supreme Court rejects mandamus over Commissioners Court redistricting

Posted on January 12, 2022 by Charles Kuffner

The primary will proceed as scheduled, but the issue could be revisited sometime after the 2022 election. The Texas Supreme Court rejected an effort by Republican commissioners and voters to block Harris County’s recent redistricting plan on Friday, suggesting another … Continue reading →

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Paxton asks Supreme Court to toss that pesky whistleblower lawsuit

Posted on January 9, 2022 by Charles Kuffner

Same argument, different court. Either Ken Paxton can be held accountable, or he gets a free pass to do whatever he wants. Texas Attorney General Ken Paxton has asked the Texas Supreme Court to toss out a whistleblower lawsuit by … Continue reading →

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It would seem that the San Marcos Police Department has some major problems

Posted on January 9, 2022 by Charles Kuffner

Geez. The city of San Marcos admits in new court documents to text exchanges among its police officers about the Joe Biden bus incident in October 2020. But it denies what it calls a “characterization” of the exchanges by the … Continue reading →

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Fifth Circuit gets set to put the final nail in SB8 legal challenges

Posted on January 8, 2022 by Charles Kuffner

The fix was always in. In a contentious hearing Friday, a federal appeals court indicated it is likely to send Texas’ restrictive abortion law to the state supreme court, a move that could add months or longer before the case … Continue reading →

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Third Court of Appeals upholds Harris County mask mandate

Posted on January 8, 2022 by Charles Kuffner

Savor the win, for it’s off to SCOTx next. A state appeals court on Thursday upheld a lower-court injunction that allowed Harris County to impose mask requirements despite Gov. Greg Abbott’s executive order banning such mandates. The Austin-based 3rd Court … Continue reading →

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Paxton still wants to be supreme prosecutor

Posted on January 7, 2022 by Charles Kuffner

Please hold firm, CCA. Texas Attorney General Ken Paxton has asked the state’s highest criminal court to reconsider a recent decision that stripped his agency of the power to prosecute election law violations. The Texas Court of Criminal Appeals, in … Continue reading →

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Another lawsuit filed over Commissioners Court redistricting

Posted on January 7, 2022 by Charles Kuffner

What a bunch of crybabies. A former county commissioner is suing Harris County Judge Lina Hidalgo, claiming Hidalgo and the county violated state law when they met to approve redistricting maps. Former Commissioner Steve Radack argues the commissioners violated the … Continue reading →

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Three comments about three vaccine mandate news stories

Posted on January 6, 2022 by Charles Kuffner

Item one: A U.S. district judge in North Texas has blocked a mask mandate and vaccine requirement for staff and students in the Head Start program that was issued by President Joe Biden. Head Start is a federal school readiness … Continue reading →

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SB8 plaintiffs want their lawsuit moved back to district court

Posted on January 5, 2022 by Charles Kuffner

As is usually the case, the lawless Fifth Circuit is the problem, with a generous assist from SCOTUS. With the 5th U.S. Circuit Court of Appeals set to hear arguments about Texas’ restrictive new abortion law Friday, abortion providers have … Continue reading →

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Law firm representing Spring Branch ISD withdraws from redistricting lawsuit

Posted on December 31, 2021 by Charles Kuffner

Interesting. The law firm Thompson & Horton LLP has represented Spring Branch ISD in multiple legal matters since 2005. While Thompson & Horton were originally representing SBISD in the Voting Rights Act lawsuit that Virginia Elizondo filed against the district … Continue reading →

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Lawsuit over Harris County Commissioners Court redistricting tossed

Posted on December 30, 2021 by Charles Kuffner

Missed this over the holidays. A Harris County Judge on Wednesday tossed a lawsuit from Republican commissioners and voters over new county maps that favor Democrats. Judge Dedra Davis ruled in favor of Harris County, finding that Republican commissioners Jack … Continue reading →

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