Category Archives: Legal matters

Plastic bag litigation update

Posted on July 1, 2016 by Charles Kuffner

This could be a big deal. Is a plastic bag a container? Does the definition of “solid waste management” include litter control? If a state appeals court answers yes to both of those questions, regulations on plastic bags in several … Continue reading →

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Texas to get VW settlement money

Posted on June 30, 2016 by Charles Kuffner

It’s something. Volkswagen has agreed to pay Texas $50 million in connection with the German automaker’s admitted peddling of diesel vehicles rigged to surpass emissions limits, Attorney General Ken Paxton announced Tuesday. The partial settlement is part of a larger, … Continue reading →

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Wendy Davis takes a victory lap

Posted on June 29, 2016 by Charles Kuffner

As well she should. Wendy Davis, the woman whose 11-hour filibuster focused national attention on Texas’ efforts to restrict abortion access in 2013, celebrated Monday when the Supreme Court ruled that the state law was unconstitutional. “I’m overjoyed,” Davis said … Continue reading →

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SCOTUS strikes down HB2

Posted on June 28, 2016 by Charles Kuffner

Hallelujah. The U.S. Supreme Court on Monday handed Texas abortion providers a major victory by overturning Texas’ 2013 abortion restrictions. On a 5-3 vote, the high court overturned restrictions passed as part of House Bill 2 in 2013 that required … Continue reading →

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AG opposes parents in STAAR lawsuit

Posted on June 27, 2016 by Charles Kuffner

Interesting. The Texas attorney general says parents suing to get the state to toss out student test scores lack standing and should have taken their complaints to the Texas Education Agency rather than a court. Attorney General Ken Paxton’s office … Continue reading →

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HISD sued over school name changes

Posted on June 26, 2016 by Charles Kuffner

Not a surprise. Nine members of the local community on Thursday sued Houston’s public school district, alleging the district violated numerous laws and their own regulations when recently changing the names of eight schools. “We’ve been arguing as parents and … Continue reading →

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Lawsuit filed in Austin over short-term rental ordinance

Posted on June 25, 2016 by Charles Kuffner

Geez. The gig economy — specifically, the short-term rental industry that includes HomeAway, Airbnb, and VRBO — is under attack by the city of Austin, Texas, according to a lawsuit filed in state court June 20, which was sponsored by … Continue reading →

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SCOTUS punts on immigration order

Posted on June 24, 2016 by Charles Kuffner

Ugh. ealing a major blow to President Obama’s controversial executive immigration order, the U.S. Supreme Court announced Thursday it had failed to produce a majority opinion on the policy — meaning that the U.S. 5th Circuit Court of Appeals’ November … Continue reading →

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Another lawsuit filed over Prop 1 ballot language in Austin

Posted on June 21, 2016 by Charles Kuffner

Sure, why not? It’s Uber Zimmerman! Litigious District 6 Councilman Don Zimmerman sued Mayor Steve Adler in his official capacity Thursday, challenging the outcome of the Proposition 1 election on the grounds the ballot language “misled voters and omitted main … Continue reading →

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Our tax system isn’t quite as stupid as it could be

Posted on June 19, 2016 by Charles Kuffner

Good news! A Texas Supreme Court ruling has spared the state from having to issue billions of dollars in tax refunds to oil and gas drillers — a prospect that had had threatened to shake up the next legislative session. … Continue reading →

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Texas anti-refugee lawsuit dismissed

Posted on June 17, 2016 by Charles Kuffner

Good. Texas on Thursday lost its fight against the resettlement of Syrian refugees in the state, ending a months-long battle during which refugees from the war-torn country continued to arrive. Dealing the final blow to Gov. Greg Abbott’s effort to … Continue reading →

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Former drivers sue Uber and Lyft over leaving Austin

Posted on June 13, 2016 by Charles Kuffner

This ought to be interesting. A pair of former drivers for Uber and Lyft filed dual class action lawsuits Thursday against the ride-hailing companies over their abrupt exit last month from the Austin market. The lawsuits, filed in the U.S. … Continue reading →

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Just waiting on SCOTUS’ HB2 ruling

Posted on June 10, 2016 by Charles Kuffner

We’ll know by the end of the month, one way or the other. In the next few weeks the U.S. Supreme Court, in one of the most significant reproductive rights cases in more than two decades, is expected to determine … Continue reading →

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Hanen stays his sanctions

Posted on June 8, 2016 by Charles Kuffner

Good. The Texas-based judge that last year put a hold on President Obama’s executive order on immigration decided on Tuesday to also suspend a controversial punishment he had recently issued to the administration’s attorneys. U.S. District Judge Andrew Hanen asserted in … Continue reading →

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Justice Department appeals Hanen sanctions to Fifth Circuit

Posted on June 7, 2016 by Charles Kuffner

Missed this over the weekend. Escalating its constitutional battle with a federal judge over the ethics of government lawyers in the major test case on presidential power over immigration, the Justice Department late Friday night asked a federal appeals court … Continue reading →

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Groups ask Fifth Circuit to block Judge Hanen order

Posted on June 5, 2016 by Charles Kuffner

Interesting. A coalition of civil and immigrant rights groups on Friday asked an appeals court to stop a federal judge’s order that requires the Obama administration to turn over the confidential information of thousands of undocumented immigrants. The filing in … Continue reading →

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SCOTUS declines to hear Ted Cruz birther lawsuit

Posted on June 3, 2016 by Charles Kuffner

Not that it really matters at this point. The Supreme Court declined Tuesday to hear a lawsuit arguing that Texas Republican Sen. Ted Cruz is ineligible to be president because his Canadian birth means he is not a “natural born … Continue reading →

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Justice Department asks Judge Hanen to reconsider his last order

Posted on June 1, 2016 by Charles Kuffner

Can’t hurt to ask, I guess. The Obama administration has asked a Brownsville-based judge to rethink an order that requires the federal government to turn over the private information of thousands of undocumented immigrants. The May 19 order from U.S. … Continue reading →

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Anyone want to help me sue the feds?

Posted on May 28, 2016 by Charles Kuffner

Anyone? Anyone? Bueller? When Texas Attorney General Ken Paxton announced Wednesday that he had filed a lawsuit challenging federal guidelines for transgender students, he said it was to protect a Texas school district that had adopted a policy requiring students … Continue reading →

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Voter ID’s day before the full Fifth Circuit

Posted on May 25, 2016 by Charles Kuffner

Here we go again. A top lawyer for Texas fiercely defended the state’s strictest-in-the-nation voter identification law on Tuesday, in a high-profile case that could ultimately determine at what point states that assert that they are protecting the integrity of … Continue reading →

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Lawsuit filed over STAAR exams

Posted on May 25, 2016 by Charles Kuffner

Interesting. A backlash against this year’s STAAR exams escalated Monday when a group of parents sued the state in an attempt to keep schools from using 2016 test scores to rate students — including deciding whether students should advance to … Continue reading →

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Judge Hanen’s bizarre order

Posted on May 23, 2016 by Charles Kuffner

WTF? A federal judge with a history of anti-immigrant sentiment ordered the federal government to turn over the names, addresses and “all available contact information” of over 100,000 immigrants living within the United States. He does so in a strange … Continue reading →

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Full DC Circuit Court to review Clean Power Plan

Posted on May 22, 2016 by Charles Kuffner

From ThinkProgress, an update on yet another federal lawsuit involving Texas. The Clean Power Plan will get its day in court, but in September, not June — and by the full en banc D.C. Circuit Court of Appeals, not the … Continue reading →

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Lawsuit filed over Harris County bail practices

Posted on May 21, 2016 by Charles Kuffner

This could be a big deal. An advocacy group based in Washington, D.C., challenged Harris County’s bail system on Thursday, arguing in a federal civil rights lawsuit that hundreds of offenders are unlawfully jailed for minor offenses like trespassing and … Continue reading →

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Paxton opines on Syrian refugees

Posted on May 20, 2016 by Charles Kuffner

Whatever. Attorney General Ken Paxton sought Tuesday to bolster the state’s thus-far unsuccessful efforts to prevent Syrian refugees from resettling in Texas by issuing a legal opinion that stresses the state’s rights in the matter. His opinion, which doesn’t carry … Continue reading →

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Paxton asks the feds if they’re sure about that bathroom thing

Posted on May 19, 2016 by Charles Kuffner

Just checking, I’m sure. Will public schools really lose federal education funding if they refuse to comply with a new Obama administration directive regarding transgender students? That’s the basic query posed by top lawyers from Texas, Oklahoma and West Virginia … Continue reading →

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SCOTUS punts on birth control lawsuit

Posted on May 17, 2016 by Charles Kuffner

Wow. Zubik v. Burwell was supposed to be an epic showdown over the power of religious objectors to limit the rights of others. A sequel to the Court’s 2014 decision in Burwell v. Hobby Lobby, Zubik involved regulations expanding women’s access … Continue reading →

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Lawsuit filed over Uber/Lyft referendum language

Posted on May 17, 2016 by Charles Kuffner

Oh, for crying out loud. Attorney Martin Harry filed a lawsuit — a draft of it was obtained by the American-Statesman — in Travis County state district court late Tuesday contesting the election’s outcome, alleging that the city violated election … Continue reading →

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Supreme Court upholds school finance system

Posted on May 14, 2016 by Charles Kuffner

I’m stunned. The Texas Supreme Court on Friday issued a ruling upholding the state’s public school funding system as constitutional, while asserting it could be better. “Our Byzantine school funding ‘system’ is undeniably imperfect, with immense room for improvement. But … Continue reading →

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Meyers voter ID lawsuit on hold

Posted on May 13, 2016 by Charles Kuffner

That’s my interpretation of this. Texas Court of Criminal Appeals Judge Larry Meyers and his co-plaintiff yesterday nonsuited their lawsuit against the state that claimed the voter ID law was unconstitutional. The plantiffs plan to refile their lawsuit after they … Continue reading →

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Rideshare robocall lawsuit filed

Posted on May 6, 2016 by Charles Kuffner

This ought to be interesting. Ride-hailing company Uber was hit with a class-action lawsuit on Wednesday over “robo-text messages” the company has been sending Austin customers seeking their support for a controversial referendum on the ballot Saturday. The suit, filed … Continue reading →

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A new way to attack gerrymandering

Posted on May 5, 2016 by Charles Kuffner

From Think Progress: America’s anti-gerrymandering law is an incoherent mess. Thirty years ago, in Davis v. Bandemer, the Supreme Court held that a partisan gerrymander may be struck down as unconstitutional upon proof of “both intentional discrimination against an identifiable … Continue reading →

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Republican attorneys general file briefs in support of Texas’ voter ID law

Posted on May 4, 2016 by Charles Kuffner

Birds of a feather. Fifteen Republican-controlled states are wading into the contentious court fight over Texas’ voter ID law, arguing in a legal brief that similar laws around the country have already been upheld by the courts. […] Ahead of … Continue reading →

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Paxton prosecutor payment lawsuit tossed again

Posted on May 3, 2016 by Charles Kuffner

And again I say, good. The Fifth Court of Appeals has dismissed a challenge to the payments being made to three sets of special prosecutors appointed in connection with criminal charges against Texas Attorney General Ken Paxton. Collin County taxpayer … Continue reading →

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