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U.S. Fifth Circuit

5th Circuit Further Restricts Access to Abortion Pills

By Eric Harvey, J.D.

Back in March, a Texas man filed a wrongful death lawsuit against three women he alleges assisted his ex-wife in obtaining an abortion. A resident of Galveston County, Marcus Silva claimed that the women could be sued for murder under Texas' wrongful-death law, and he also sought $1 million in…

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Court Strikes Louisiana's 'Don't-Threaten-to-Sue' Law

By William Vogeler, Esq.

You couldn't threaten to sue a police officer in Louisiana, and that was a problem. In Seals v. McBee, the problem was the state's law against intimidating threats. The U.S. Fifth Circuit Court of Appeals said it was unconstitutional because it banned too many types of threats. The appeals panel said the statute could criminalize boycotts, lawsuits, and other legally protected speech. You can't yell "fire" in a crowded theater, either, but that's another story.

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Court: Treble Damages for Defense Costs in Insurance Breach Case

By William Vogeler, Esq.

It takes a lot to change a court's mind, especially when the court has three judges. In Lyda Swinterton Builders v. Oklahoma Surety Company, however, it wasn't that hard. That's because the Texas Supreme Court changed it for them. It doesn't happen all the time, but one decision can change everything. In this case, it's about an insurer's duty to defend and treble damages for failing to do so. Treble Damages The U.S.

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Texas Supreme Court Joins Twitter

By Brett Snider, Esq.

In a move that may be emulated by other states' High Courts, the Texas Supreme Court launched its very own Twitter account to tweet its orders. Debuting in February, the Lone Star State's highest court is available @SupremeCourt_TX, manned by the Texas Supreme Court Clerk's office, Texas Lawyer reported. What hijinks can we expect from this new Twitter account?

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Williamson Pounders Architects PC v. Tunica County Miss., No. 09-60063

By FindLaw Staff

In an action by an architectural firm against a Mississippi county and its governing board under a contract that made Tennessee law controlling, summary judgment for defendant is affirmed where the parties' choice of Tennessee law was overriden by Mississippi's public policy that minute entries were required to make contractual agreements with counties.

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Fifth Circuit Cites Nondelegation Doctrine in Declaring Horseracing Regulation Body Unconstitutional

By Joseph Fawbush, Esq.

Horse racing has existed since before the U.S. federal government. But until 2020, the industry was largely regulated by state and local governmental bodies. The push for uniform regulations came after the public became aware of significant problems afflicting the sport, including the death of 30 racehorses in just one park in 2019 and numerous allegations of doping.

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