Adolfo Pesquera

October 06, 2022 | Texas Lawyer

"Like DAPA, DACA 'is foreclosed by Congress's careful plan; the program is 'manifestly contrary to the statute.' DACA violates the substantive requirements of the APA." - U.S. Fifth Circuit

By Adolfo Pesquera

5 minute read

October 05, 2022 | Texas Lawyer

The rule was executed without data that confirmed there was an overfishing problem. It was executed simply because the government, without basis, did not trust the captains. - John Vecchione

By Adolfo Pesquera

4 minute read

October 04, 2022 | Texas Lawyer

Franklin Center suggests ... the Public Information Act displaces the burden-shifting framework (governing) assertions of the privilege and that records of attorney-client communications ... are not privileged. - Texas Attorney General

By Adolfo Pesquera

3 minute read

October 04, 2022 | Texas Lawyer

"Here, precedent provided Roper with fair notice that using deadly force on an unarmed, albeit non-compliant, driver held in a chokehold in a parked car was a constitutional violation beyond debate." - U.S. Court of Appeals for the Fifth Circuit.

By Adolfo Pesquera

5 minute read

October 03, 2022 | Texas Lawyer

Blake Daniel Allred of Bayou Vista was twice disbarred on June 14 for his actions affecting clients in two separate cases.

By Adolfo Pesquera

4 minute read

October 03, 2022 | Texas Lawyer

"For more than two years, Baker helped a series of corporate executives carry out blatant insurance fraud." - Liquidating Trustee of the Alliance Health Liquidating Trust.

By Adolfo Pesquera

4 minute read

September 30, 2022 | Texas Lawyer

"It's hard to imagine a plaintiff who is willing to go through the trouble to file a lawsuit to obtain public information—yet is unable to attach a simple affidavit noting why the plaintiff needs that information," said Fifth Circuit Judge James Ho.

By Adolfo Pesquera

5 minute read

September 29, 2022 | Texas Lawyer

"If we ruled that the legislature could give the Attorney General the unfettered power to prosecute all election cases, we would be giving every future Attorney General the power to bring possibly fabricated criminal charges against every candidate running for public office ... who disagrees with the Attorney General's political ideals," Judge Scott Walker said.

By Adolfo Pesquera

4 minute read

September 29, 2022 | Texas Lawyer

"Why would a guy that sold a health care company for $100 million get into a marijuana conspiracy to make $100,000? It defies any degree of logic," said attorney Marc Seitles of Seitles & Litwin.

By Adolfo Pesquera

6 minute read

September 28, 2022 | Texas Lawyer

Melton and Lawler noted in their brief that these decisions stood on the Commerce Clause of the U.S. Constitution, but the Congress enacted Uniform Services Employment and Reemployment Rights Act under the War Powers clause of the Constitution.

By Adolfo Pesquera

5 minute read