Adolfo Pesquera, based in San Antonio, covering Texas courts. Contact at [email protected]. On Twitter: @Adolfo_PEZ
July 22, 2022 | Texas Lawyer
'We Vacate Them All': Federal Court Blasts Commission for Meddling in Energy CasesThe Fifth Circuit said it would not defer to the energy commission's "bizarre view" of contract rejection, even if the commission somehow had the power to administer the Bankruptcy Code.
By Adolfo Pesquera
5 minute read
July 20, 2022 | Texas Lawyer
'Surprise Switcheroo': 2 Circuits Align in Defense of FDA Rule Against Flavored E-CigarettesFDA did consider petitioners' device type, and it concluded (reasonably) that what truly impacts youth smokers is flavor preference, not device preference, the Fifth Circuit said.
By Adolfo Pesquera
4 minute read
July 20, 2022 | Texas Lawyer
New Opinion Allows Governments to Abuse the Public, Dissenting Justice SaysThe lawsuit, considered a case of first impression by the appellate court, asked whether a dispute over cost could be considered a refusal to make information available.
By Adolfo Pesquera
5 minute read
July 19, 2022 | Texas Lawyer
'False, Dishonest and Deceitful': State Bar Says AG Paxton Politicized His Ethics CaseA State Bar commission, responding to Attorney General Ken Paxton's effort to dismiss an ethics complaint, said it was Paxton that politicized the case and his arguments of lack of jurisdiction and a separation of powers violation are without merit.
By Adolfo Pesquera
4 minute read
July 18, 2022 | Texas Lawyer
US 5th Circuit Admonishes Lower Courts Over EvidenceIn the present case, Fairchild v. Coryell County, the family of Kelli Leanne Page filed a civil rights suit January 2019 after she died in her cell during an altercation with two guards.
By Adolfo Pesquera
5 minute read
July 15, 2022 | Texas Lawyer
Gunmaker Under Fire in Wake of School Shooting for Allegedly Marketing to Children"These marketing tactics ... exploit the heightened susceptibility of teenage boys and post-adolescent men with their heightened propensity for violent behavior," Everytown said.
By Adolfo Pesquera
3 minute read
July 15, 2022 | Texas Lawyer
Denied: Court Refuses Alex Jones' Request to Delay Paying $1M Sanction Before TrialThe court penalized Jones and his company with sanctions for avoiding court-ordered depositions from Connecticut Superior Court Judge Barbara N. Bellis. Voir dire for the trial is set to begin July 25.
By Adolfo Pesquera
4 minute read
July 14, 2022 | Texas Lawyer
Federal Agency Accuses Payday Lender ACE Cash Express of Unfair PracticesAllegations in the complaint generally tie back to alleged violations of a consent order that was a result of a 2014 bureau investigation.
By Adolfo Pesquera
5 minute read
July 13, 2022 | Texas Lawyer
Texas Court Increases Security by Millions of Dollars to Protect Damages AwardHeartBrand Holdings, a cattle company marketing high-end Japanese breeds, was forced to increase its security for a debtor's judgment by $10.75 million.
By Adolfo Pesquera
4 minute read
July 12, 2022 | Texas Lawyer
Legal Malpractice: Attorneys Admit to Error, but Ex-Client Forced into ArbitrationThe plaintiff claimed she was exposed to carcinogens that ruined her health, and left her unable to work.
By Adolfo Pesquera
5 minute read