Category Archives: Legal matters

More plaintiffs respond to Abbott’s recusal motion

Posted on June 13, 2014 by Charles Kuffner

I think it’s fair to say that the plaintiffs are strongly opposed to Greg Abbott’s attempt to get Judge Dietz recused in the school finance trial. Lawyers representing hundreds of school districts pushed back Thursday against Texas Attorney General Greg … Continue reading →

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Judge Dietz refuses to recuse himself

Posted on June 5, 2014 by Charles Kuffner

Game on. The Travis County District Court judge overseeing a contentious trial over the state’s school finance system rejected a request by the attorney general’s office to recuse himself from the case. Attorney General Greg Abbott’s office asked state District … Continue reading →

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State wants judge removed from school finance case

Posted on June 4, 2014 by Charles Kuffner

Keep an eye on this. Attorney General Greg Abbott’s office on Monday sought to remove the judge presiding over the public school finance case, contending that his impartiality is in question due to email exchanges with lawyers that filed the … Continue reading →

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Judge prevents state from intervening in same sex divorce case

Posted on May 18, 2014 by Charles Kuffner

Back off, Greg Abbott. A San Antonio judge Wednesday denied a bid from the state of Texas to stop divorce and child-custody proceedings between a same-sex couple. State District Judge Barbara Nellermoe also set a custody hearing for May 29 … Continue reading →

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It was a bad week for the strip clubs

Posted on May 12, 2014 by Charles Kuffner

Another adverse court ruling. A state appeals court on Friday upheld the legality of the state’s so-called “pole tax” on nude entertainment clubs, the latest decision in a six-year battle by Texas officials to collect the $5-per-customer fee from more … Continue reading →

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More on Abbott and Duntsch

Posted on May 11, 2014 by Charles Kuffner

The Observer follows up its earlier reporting on disastrous doctor Christopher Duntsch and the efforts of Greg Abbott to ensure he is never held accountable for his actions. When I wrote about Duntsch last August, there were quite a few … Continue reading →

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Combs tells strip clubs to pay up

Posted on May 9, 2014 by Charles Kuffner

Interesting. Texas Comptroller Susan Combs is pressing the state’s strip clubs to cough up millions of dollars she says they owe under a new “pole tax” even though the $5-a-patron fee still faces a court challenge. “Any claim that ongoing … Continue reading →

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A deeper dive into the Pratt files

Posted on May 6, 2014 by Charles Kuffner

The Chron takes a closer look at some of the people affected by the tenure of now-former Judge Denise Pratt. Kevin Bates’ sojourn through Pratt’s court began in 2012, via a visitation dispute with his ex-wife over their 16-year-old daughter. … Continue reading →

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Lawsuit filed over teacher evaluation system

Posted on May 2, 2014 by Charles Kuffner

A new front is opened in the war on standardized testing. Seven HISD teachers and their union are suing the school district to try to end job evaluations tied to students’ test scores, arguing the method is arbitrary, unfair and … Continue reading →

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Two wins against voter ID

Posted on May 1, 2014 by Charles Kuffner

Good news from Wisconsin. Trying to crack down on in-person voter fraud isn’t a strong enough justification for Wisconsin’s voter ID law, a federal judge ruled Tuesday, because voter impersonation virtually never occurs now and is unlikely to become a … Continue reading →

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SCOTUS upholds CSAPR

Posted on April 30, 2014 by Charles Kuffner

Some very good news for people who like to breathe. The question was who should pay for air pollution that crosses state lines. The answer, the Supreme Court ruled Tuesday, is blowing in the wind. States in the Midwest and … Continue reading →

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EquuSearch sues over drones

Posted on April 27, 2014 by Charles Kuffner

This ought to be interesting. Texas EquuSearch filed suit Monday against the federal government to overturn the grounding of its fleet of aerial drones used to search for missing people. Tim Miller, founder and director of EquuSearch, said the Feb. … Continue reading →

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State court rules gay marriage ban is unconstitutional

Posted on April 25, 2014 by Charles Kuffner

That’s two rulings in Texas, with this one referencing the federal ruling from February. In a move that follows suit with a federal ruling issued in February, a state district judge has deemed Texas’ restrictions on same-sex marriage unconstitutional – … Continue reading →

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Lawsuit filed over Senate map

Posted on April 24, 2014 by Charles Kuffner

From Texas Redistricting: [Monday] morning, two Texas voters filed a suit in federal court challenging the state senate map drawn by the Texas Legislature on the grounds that it violated the equal protection guarantees of the Fourteenth Amendment by using … Continue reading →

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First wage theft complaints filed in Houston

Posted on April 23, 2014 by Charles Kuffner

I hope these workers get the justice they seek. For three years Erik Lopez and his three brothers say they each often worked 80-hour weeks, building highway ramps and trash landfills for city projects. Yet they say their employer refused … Continue reading →

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Will the Ashby Highrise ever be built?

Posted on April 23, 2014 by Charles Kuffner

The Chron reviews the bidding so far prior to Monday’s Ashby hearing. Key to the jury’s finding was that the project should be considered a nuisance. The residents’ attorneys will ask the judge to grant a permanent injunction for the … Continue reading →

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City asks court to let Ashby Highrise be built

Posted on April 21, 2014 by Charles Kuffner

Interesting. The city on Friday asked a judge to let the Ashby high-rise project go forward after seven years of wrangling and a recent jury verdict in favor of nearby residents who oppose the 21-story tower planned for 1717 Bissonnet. … Continue reading →

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Court rules for the EPA against Texas again

Posted on April 20, 2014 by Charles Kuffner

Another win for the environment. A federal appeals court on Tuesday upheld the Obama administration’s new rules that for the first time limit emissions of mercury and other harmful pollutants from coal- and oil-fired power plants. In a split decision, … Continue reading →

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Time is running out to undo Pratt’s mass dismissals

Posted on April 12, 2014 by Charles Kuffner

Remember when now-former Judge Denise Pratt dismissed hundreds of cases at the end of 2013 without notice? Since her abrupt resignation last month, other Family Court judges have been trying to clean up the mess she left behind. This includes … Continue reading →

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Planned Parenthood petitions Fifth Circuit for en banc review of HB2 ruling

Posted on April 11, 2014 by Charles Kuffner

From the inbox: Today, Planned Parenthood affiliates in Texas filed a petition on behalf of their patients to request that the full bench of the Fifth Circuit Court of Appeals consider the constitutionality of harmful abortion restrictions that were struck down … Continue reading →

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No hiding behind privilege

Posted on April 11, 2014 by Charles Kuffner

Here’s your latest voter ID litigation update, from the Brad Blog: Just over a week ago, it was North Carolina legislators ordered by the court to cough up documentation relating to passage of new, draconian restrictions on voting rights in their state. … Continue reading →

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No, there won’t be a flood of equal pay lawsuits in Texas

Posted on April 9, 2014 by Charles Kuffner

There wasn’t one before, when the federal Lilly Ledbetter Act passed. There’s no reason to believe there will be one if a state version of the Ledbetter law is approved. Candidates for statewide office have wrangled recently over an effort … Continue reading →

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Another lawsuit against HB2 to be filed

Posted on April 3, 2014 by Charles Kuffner

If at first you don’t succeed… Less than a week after a federal court upheld two new Texas abortion requirements already in effect, abortion providers announced plans to file a second lawsuit targeting additional regulations that the Republican-led Legislature passed … Continue reading →

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Fifth Circuit does its thing again

Posted on March 29, 2014 by Charles Kuffner

There was never any doubt. The 5th Circuit Court of Appeals on Thursday upheld the new abortion regulations that were passed in July by the Republican-led Texas Legislature. The plaintiffs, who represent the majority of abortion providers in Texas, including four … Continue reading →

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Abbott sides with medical malpractice

Posted on March 28, 2014 by Charles Kuffner

Awesome. The Baylor Regional Medical Center at Plano, accused of protecting a neurosurgeon who allegedly killed and maimed patients, gained an ally this week in Texas Attorney General Greg Abbott. Abbott filed motions to intervene in three separate federal court … Continue reading →

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Another same sex divorce case

Posted on March 21, 2014 by Charles Kuffner

In Bexar County. And with it comes another opportunity for Greg Abbott to demonstrate his commitment to non-equality. The Bexar divorce case was filed Feb. 18, eight days before U.S. District Judge Orlando Garcia ruled that the state’s ban on … Continue reading →

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AG opinion sought on bag bans

Posted on March 14, 2014 by Charles Kuffner

Whatever. As proponents continue to tout the benefits of banning plastic bags, the debate over whether Texas cities like Austin actually have the ability to enact such ordinances has made its way to the attorney general’s office. In a letter … Continue reading →

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Next steps in the Texas same sex marriage lawsuit

Posted on February 28, 2014 by Charles Kuffner

In case you were wondering, Attorney General and candidate for Governor Greg Abbott will appeal Wednesday’s historic ruling striking down Texas’ constitutional amendment barring same sex marriage. The state of Texas has officially given notice that it is appealing a … Continue reading →

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Texas stands with polluters against the EPA one more time

Posted on February 28, 2014 by Charles Kuffner

Here we go. The Obama administration’s climate change agenda on Monday faced one of its first real tests in front of the U.S. Supreme Court, where Texas and a group of industry leaders challenged an Environmental Protection Agency regulation aimed … Continue reading →

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Federal judge strikes down Texas’ anti-same sex marriage law

Posted on February 26, 2014 by Charles Kuffner

Wow. A federal judge in San Antonio ruled Wednesday that Texas’ ban on same-sex marriage unconstitutionally deprives some citizens of due process and equal protection under the law by stigmatizing their relationships and treating them differently from opposite-sex couples. U.S. … Continue reading →

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Voter ID trial still on track for September

Posted on February 19, 2014 by Charles Kuffner

It could have been delayed till after the November election. A federal judge in Corpus Christi ruled on Wednesday that a federal lawsuit challenging the legality of the state’s controversial Voter ID law is expected to begin in September as … Continue reading →

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Nikki Araguz case reinstated

Posted on February 16, 2014 by Charles Kuffner

Good. A transgender woman who was denied benefits after her firefighter husband died in the line of duty will get another chance to litigate the case in a state district courtroom, the 13th Court of Appeals ruled Thursday. […] Nikki … Continue reading →

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No ruling in Texas same sex marriage lawsuit

Posted on February 13, 2014 by Charles Kuffner

We’re going to have to wait to see if an injunction will be granted against Texas’ Double Secret Illegal Anti-Gay Marriage constitutional amendment. A San Antonio federal judge issued no decision Wednesday in a request to bar the state from … Continue reading →

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Hearing for the Texas federal same sex marriage lawsuit is tomorrow

Posted on February 11, 2014 by Charles Kuffner

All eyes will be on San Antonio on Wednesday. Like most new parents, Nicole Dimetman and Cleopatra De Leon plan their days around their small child. Theirs is an ordinary family life, they say, but it is by no means … Continue reading →

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