The following are summaries of opinions issued by the Fifth Circuit in August 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Petitioners did not need to be “aggrieved parties” to challenge grant of license as ultra vires; Nuclear Regulatory Commission lacked authority to license private storage of nuclear waste. Texas v. …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of September 11, 2023. FAMILY LAW: Court reverses appellate fees awarded after conclusion of the appeal. Morris v. Veilleux, No. 03-22-00178-CV (Tex. App.—Austin Aug. 25, 2023, no pet. …
FEDERAL PREEMPTION: Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) does not preempt Texas law charging out-of-state citizens higher tuition than Texas residents, including noncitizens not lawfully present in the country. Young Conservatives of Tex. Found. v. Smatresk, 2023 WL 4419365 (5th Cir. July 10, 2023) The IIRIRA’s express preemption provision directs that “an alien who is not lawfully present …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during June and July 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of August 9, 2023. Administrative law – Emails with agency staff insufficient to constitute request for hearing. Udenze v. Johnston, No. 03-22-00084-CV (Tex. App.—Austin June …
Competency to stand trial – Trial court did not err by failing to sua sponte convene an informal inquiry into whether defendant was competent to stand trial. Vaughan v. State, No. 03-22-00038-CR (Tex. App.—Austin Mar. 30, 2023, no pet.) (mem. op., not designated for publication). Vaughan spit on a detention officer while in jail and was charged with the offense …
The following is a summary of a selected opinion issued by the Supreme Court of Texas in May 2023. The summary is intended as an overview of selected aspects of the opinion only; please review the entire opinion. PERSONAL JURISDICTION: “Dieselgate” auto manufacturers subject to specific personal jurisdiction in Texas, despite contacts with Texas being undifferentiated from those with other …
The following are summaries of opinions issued by the Fifth Circuit in May 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. JURISDICTION: In an ancillary action to enforce a settlement agreement, parties could not collaterally challenge jurisdiction in the original proceeding settled and could sue only to enforce the settlement agreement. Nat’l …
The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from January 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of May 31, 2023. SEARCH AND SEIZURE – NATURE OF POLICE ENCOUNTER: Trial court did not abuse its discretion in denying DWI defendant’s motion to suppress …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during May 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of June 5, 2023. ADMINISTRATIVE LAW: COURT REVERSES JUDGMENT ON IMMUNITY GROUNDS. Texas Educ. Agency v. Devereux Tex. League City, No. 03-22-00172-CV (Tex. App.—Austin May 10, 2023, no …