“As Justice Scalia memorably said, Article III requires a plaintiff to first answer a basic question: ‘What’s it to you?’” Food & Drug Admin. v. All. For Hippocratic Med., 602 U.S. 367, 379 (2024) (quoting A. Scalia, The Doctrine of Standing as an Essential Element of the Separation of Powers, 17 Suffolk U.L. Rev. 881,
“Lawyers are an indispensable part of the pursuit of justice.”
The rarely cited Standards of Conduct for the Texas Rules of Appellate Procedure—found in the TRAP following Section Five—begins with this statement. The Standards explain that:
The appellate lawyer’s role is to present the law controlling the disposition of a case in a manner that
On April 19, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA” or the “Rule”). The Rule was published and becomes effective on June 18, 2024.
The PWFA requires covered employers to provide reasonable accommodations to employees with known limitations, including physical or mental
On April 23, 2024, the Federal Trade Commission voted 3-2 to approve a final rule banning all employee noncompetition agreements nationwide. The rule, currently set to go into effect 120 days after publication in the Federal Register (except for the notice provision which is effective earlier), is the result of the FTC’s position that
On April 23, 2024, the U.S. Department of Labor published a final rule raising the minimum weekly salary many exempt employees must be paid to qualify as exempt from overtime under the Fair Labor Standards Act. The new rule raises the salary basis threshold for executive, administrative, professional and computer professional exempt employees from $684
Today, the U.S. Supreme Court held that a Title VII plaintiff challenging a job transfer that was allegedly ordered because of her sex but did not result in a decrease in pay or benefits may still state a claim for relief if she can show the transfer brought about some harm with respect to an
“But your client breached the agreement!” – declared a Fifth Circuit Judge while pounding a fist with each word.
“Respectfully, your honor, there never was an agreement for my client to breach.”
It was one of those moments that gave me flashbacks to those heated law school moot court practices that were aimed at preparing
After even a few years of practice, most attorneys have experienced that case that really should only reach a trial after a preliminary legal issue is decided. It just seems that the expense and time for trial is wasteful if ultimately, the controlling issue on appeal is the preliminary question before ever touching on the
Recently, the Supreme Court of Texas released the final version for amendments to the Texas Rules of Appellate Procedure, namely Rule 53.2-.3, which provides the required contents of a petition for review and response to a petition for review. The Court added a new mandatory requirement that parties must include an introduction section.
There’s a certain excitement as a trial lawyer when your witness is on the stand, effectively using an exhibit to lay out your case. You can see the jury leaning in, the judge looking over, and know that they are fully engaged.
The problem is that the courtroom magic doesn’t always translate into a cold
