Category Archives: Legal matters

Texas AFL-CIO wants to be the defendant in the overtime case

Posted on December 15, 2016 by Charles Kuffner

Because they don’t trust the feds post-January 20 to do the job for them. “We’re not saying that the Department of Labor and the Department of Justice haven’t forcefully defended the regulations [so far], but as for whether that will … Continue reading →

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“Fetal remains” lawsuit filed

Posted on December 13, 2016 by Charles Kuffner

As expected. Today the Center for Reproductive Rights filed new litigation against the state of Texas over unconstitutional new regulations that mandate the burial or cremation of embryonic and fetal tissue that results from abortions, miscarriages, or ectopic pregnancy surgery … Continue reading →

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Fifth Circuit agrees to expedited appeal of overtime injunction

Posted on December 13, 2016 by Charles Kuffner

Good news and bad news. The U.S. Court of Appeals for the Fifth Circuit granted an expedited hearing for the Department of Labor in litigation over new overtime regulations. The Labor Department is seeking a hearing in its effort to … Continue reading →

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You can’t stop the faithless electors

Posted on December 12, 2016 by Charles Kuffner

So says Carolyn Shapiro, associate professor at IIT Chicago-Kent College of Law, where she is co-director of the Institute on the Supreme Court of the United States. Earlier this week, in a New York Times op-ed, Texas presidential elector Chris … Continue reading →

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“Fetal remains” lawsuit in the works

Posted on December 10, 2016 by Charles Kuffner

Get ready. Health providers and abortion clinics have less than two weeks to figure out how to comply with Texas’ new fetal remains rules — that is, if a lawsuit doesn’t halt the process first. Amy Hagstrom Miller, founder of … Continue reading →

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City sued over bail practices

Posted on December 8, 2016 by Charles Kuffner

One more lawsuit going after the practice of jailing people who can’t afford to post bonf. Two civil rights groups sued the city of Houston late Monday, alleging the city jail has detained people for days at a time without … Continue reading →

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Pasadena voting rights case in the judge’s hands now

Posted on December 5, 2016 by Charles Kuffner

We await a ruling. Armed officers guarded a closed-door committee meeting. Discriminatory comments surfaced at City Hall. Latino-backed council members were hustled from chambers by police. The accounts of perceived intimidation and back-door dealings were detailed during testimony in a … Continue reading →

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More on the overtime rule ruling

Posted on December 5, 2016 by Charles Kuffner

From the NYT: Over the last two years, Federal District Court judges in the state have chipped away at Mr. Obama’s legacy by striking down or suspending no fewer than five regulations, executive orders or actions, and guidelines, including an … Continue reading →

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Texas v the feds, Endangered Species edition

Posted on December 2, 2016 by Charles Kuffner

One more for the road. For perhaps the last time before President Barack Obama leaves office, Texas Attorney General Ken Paxton has filed suit against the federal government for what he considers federal overreach, this time in an endangered species … Continue reading →

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New Sheriff not interested in defending current bail policies

Posted on November 30, 2016 by Charles Kuffner

Good. After defeating Sheriff Ron Hickman in the election this month, Sheriff-elect Ed Gonzalez is already sticking his nose in Hickman’s official business — mainly, the lawsuit filed against him. Hickman, along with the county, all the county judges and … Continue reading →

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Two more lawsuit updates

Posted on November 28, 2016 by Charles Kuffner

The ban on the transgender bathroom rule remains in place pending appeals. Continued lack of access in public schools to bathrooms matching transgender persons’ gender identity won’t cause them irreparable harm, a Texas federal judge has ruled. U.S. District Reed … Continue reading →

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Texas settles another lawsuit against VW

Posted on November 27, 2016 by Charles Kuffner

Hard to keep track, I know. Volkswagen will pay the state of Texas $50 million to settle a deceptive trade practices lawsuit brought against the automaker. The settlement is part of an $14.7 billion nationwide agreement to resolve the nation’s … Continue reading →

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Judge issues injunction against overtime pay change

Posted on November 25, 2016 by Charles Kuffner

Because of cours he did. Millions of low-paid supervisors would have become eligible for overtime pay next week, but a federal judge in Texas blocked that path late Tuesday afternoon, ruling that Congress intended duties, not wages, to determine eligibility … Continue reading →

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Federal court rules there is such a thing as a too-partisan gerrymander

Posted on November 23, 2016 by Charles Kuffner

Worth keeping an eye on. In a potentially transformative decision that could hobble partisan gerrymandering and restore a degree of fairness to many legislative races, a divided federal court held on Monday that Wisconsin’s state assembly maps are unconstitutional. The … Continue reading →

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Pasadena voting rights trial update

Posted on November 22, 2016 by Charles Kuffner

Day One: The disparity in infrastructure is at the heart of a voting rights case that opened in federal court Thursday in which a group of Latino residents is challenging the city’s newly revised system of government, saying it discriminates … Continue reading →

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So now what for voter ID?

Posted on November 20, 2016 by Charles Kuffner

It’s hard to say how much prospects have changed now that Donald Trump gets to appoint the ninth Supreme Court justice, but it’s fair to say that thing haven’t improved for the plaintiffs. Five years ago, Texas passed one of … Continue reading →

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Former HISD Trustee Marshall found liable in civil bribery lawsuit

Posted on November 19, 2016 by Charles Kuffner

Ouch. A bribery lawsuit that kept a cloud of suspicion over the Houston school district for six years ended Wednesday with a jury finding that former board president Larry Marshall participated in a kickback scheme that caused millions of dollars … Continue reading →

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Pasadena voting rights trial begins

Posted on November 14, 2016 by Charles Kuffner

The Chron’s Mike Snyder provides an update. [This] week in a Houston federal courtroom, [the Voting Rights Act] will again be invoked in a challenge to an allegedly discriminatory council system, this time in a suburban city that’s undergone a … Continue reading →

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We may never know how the state did its court-ordered voter ID outreach

Posted on November 11, 2016 by Charles Kuffner

We sure don’t know how the money was spent on it. On a television ad airing ahead of Election Day, Texas Secretary of State Carlos Cascos declares: “It’s voting season in Texas.” The 30-second spot tailored by international public relations … Continue reading →

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More on the Texas telemedicine lawsuit

Posted on November 1, 2016 by Charles Kuffner

Texas Monthly has a nice overview. Imagine you’re sick, or you think you might be sick, and you want to talk to a doctor. Instead of waiting a week or two to see your primary care physician, you just open … Continue reading →

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Lawsuit filed against Bexar County over voter ID info

Posted on October 31, 2016 by Charles Kuffner

We’re still fighting this out. An advocacy group has filed a lawsuit against Bexar County for misinforming voters about the state’s voter ID rules. The Mexican American Legal Defense and Educational Fund (MALDEF), filed the lawsuit Friday afternoon on behalf … Continue reading →

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Election Day observers coming from Justice Department over ADA complaints

Posted on October 30, 2016 by Charles Kuffner

That’s a complicated headline for this story. Six teams of Justice Department officials will be dispatched to observe Election Day voting at 75 polling locations in Harris County as part of an investigation into allegations that the county failed to … Continue reading →

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Republicans take their desperate shot at limiting same sex marriage

Posted on October 29, 2016 by Charles Kuffner

Pathetic. After coming out on the losing end of a United States Supreme Court decision legalizing same-sex marriage, Texas Republican leaders are now looking to the Texas Supreme Court to narrow the scope of that landmark ruling. Gov. Greg Abbott, … Continue reading →

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Texas gets VW lawsuit settlement money

Posted on October 28, 2016 by Charles Kuffner

Not bad. Texas will receive more than $190 million for environmental mitigation under a multibillion-dollar settlement in the Volkswagen emissions cheating scandal approved by a federal judge in San Francisco on Tuesday. Volkswagen buyers will have the option of buybacks … Continue reading →

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Feds to appeal transgender bathroom directive

Posted on October 22, 2016 by Charles Kuffner

Good. The U.S. Department of Justice (DOJ) plans to appeal a Texas judge’s injunctionbarring the Obama administration from implementing guidelines aimed at protecting transgender students against discrimination. DOJ attorneys announced in court documents Friday that they’ll file formal notice that … Continue reading →

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Republicans join Woodfill’s ridiculous anti-spousal benefits crusade

Posted on October 21, 2016 by Charles Kuffner

Shoveling sand against the tide. Fifty Republican members of the Texas Legislature have signed a court brief arguing that the same-sex spouses of government employees shouldn’t be entitled to health insurance and other benefits. The “friend-of-the-court” brief was submitted Friday … Continue reading →

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Paxton sues Brownsville over bag fee

Posted on October 17, 2016 by Charles Kuffner

Of course he does. Texas Attorney General Ken Paxton is wading into another fight over local control; this one about plastic bags at grocery stores. The Republican on Wednesday sued the city of Brownsville over its $1 per-bag fee, started … Continue reading →

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State moves to withdraw Syrian refugee lawsuit

Posted on October 12, 2016 by Charles Kuffner

Good, though at this point it probably doesn’t matter. A week after the state officially withdrewfrom the nation’s refugee resettlement program, Texas has moved to end its legal battle over Syrian refugees. In a short, three-page motion, Texas on Friday … Continue reading →

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The cost of defending HB2

Posted on October 12, 2016 by Charles Kuffner

It was quite expensive. Texas could be on the hook for more than $4.5 million as part of its failed legal battle to defend its 2013 abortion restrictions, which the U.S. Supreme struck down as unconstitutional in June. The Center … Continue reading →

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Jared Woodfill never stops never stopping

Posted on October 7, 2016 by Charles Kuffner

Here we go again. Fifteen months after the U.S. Supreme Court made marriage equality the law of the land, anti-LGBT groups in Texas are still fighting the decision. Jonathan Saenz, president of the right-wing lobby group Texas Values, and Houston … Continue reading →

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SCOTUS rejects reconsideration of immigration ruling

Posted on October 4, 2016 by Charles Kuffner

Alas. The U.S. Supreme Court has declined the Obama administration’s request to reconsider a controversial immigration program that would have let millions of undocumented immigrants stay in the country legally. The program, Deferred Action for Parents of Americans and Lawful … Continue reading →

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Other rideshare companies sued over lack of access for disabled people

Posted on October 2, 2016 by Charles Kuffner

Noted for the record. A state disability rights group has sued the ride-hailing apps Get Me and Fare in federal court, arguing that because the apps only partially offer text-to-speech software, they are unusable for blind people and therefore in violation … Continue reading →

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Texas versus the feds: A Series Of Tubes edition

Posted on October 1, 2016 by Charles Kuffner

Ken Paxton will never run out of reasons to sue the Obama administration. Texas Attorney General Ken Paxton is jumping into Ted Cruz’s fight to stop what the U.S. senator calls President Barack Obama’s illegal internet “giveaway.” Paxton and three … Continue reading →

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Clean Power Plan’s day in the DC court

Posted on September 30, 2016 by Charles Kuffner

We’ll see how it goes. Dozens of lawyers from the government, industry and public interest groups packed the US Court of Appeals for the DC Circuit, to hear the divisive case that comes just weeks before a heated presidential election … Continue reading →

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