Virginia residents challenged an Internal Revenue Service final rule implementing a premium tax credit provision, section 36B of the Patient Protection and Affordable Care Act, which authorized tax credits not only for purchases of state-established health insurance exchanges, but also purchases on exchanges established by the federal government if States did not establish exchanges. The […]
Disparate Impact, Not Disparate Treatment.
With regard to a dispute about a low-income housing development in Texas, the United States Supreme Court held disparate impact claims are cognizable, stating: “Much progress remains to be made in our Nation’s continuing struggle against racial isolation. In striving to achieve our historic commitment to creating an integrated society. . . .we must remain […]
Law Firm Of Attorney Who Volunteered To Conduct A Settlement Conference & Received Confidential Information Cannot Later Represent A Party To The Action.
An attorney served as a settlement officer in a mandatory settlement conference conducted by a judge and two volunteer attorneys in a case which did not settle. Later, the law firm of the attorney substituted in to represent the defendant in the same action. The trial court denied a motion to disqualify the law firm. […]
Trial Court Erred In Not Granting Rescission To Buyer Or Real Property.
Plaintiffs bought a multimillion-dollar hillside home, and several months later, they discovered they were not connected to the City’s sewer system. Believing they were deceived, they brought an action against the sellers and the real estate agents who brokered the sale alleging various causes of action, including rescission. After the real estate agents settled for […]
Summary Judgment, Granted To Defendant Based On A Broad Release In An Underlying Action To Which Defendant Is A Stranger, Reversed.
The underlying case involved allegations of breach of contract regarding intellectual property. After protracted litigation, there was a settlement agreement; the agreement included a broad release clause, which stated in part: “. . . do hereby irrevocably and unconditionally release and forever discharge each other and each of their respective past, present, and future affiliates, […]
Patents Endow Their Holders With Certain Superpowers, But Only For A Limited Time. — Justice Kagan.
In 1990, an inventor obtained a patent for pressurized foam that can be shot in a way that mimics a spider’s string. Marvel Entertainment makes and markets products featuring Spider-Man, and Marvel began marketing a Web Blaster which shoots out foam, but without remunerating the inventor. Litigation for patent infringement ensured in 1997, and was […]
Summary Judgment In Favor Of A Defendant Who Was The Passenger In A Car Reversed.
Plaintiffs’ allegations are that a passenger in a car involved in a fatal accident “told the driver to drive at an unsafe speed over a road [the passenger] knew had unusual conditions that would cause the car to become airborne, resulting in the fatal accident.” The trial court granted summary judgment after concluding there was […]
Foundation For Medical Bills Established.
Two vehicles collided in an intersection and plaintiff, who was on a sidewalk, was severely injured, incurring $3,751,969 in medical bills. A jury found both defendants were negligent, but that the negligence of only one of the defendants was a substantial factor in causing damages to the plaintiff. The defendant who was found liable contended […]
Free Speech: Texas Can Control What Its License Plates Say.
Texas offers automobile owners a choice between ordinary and specialty license plates. Those who want the State to issue a particular specialty plate may propose a plate design, comprising a slogan, a graphic, or both. If the Texas Department of Motor Vehicles approves the design, the State will make it available for display on vehicles […]
3-Year-Old’s Statements To Teachers Not Testimonial & Did Not Implicate Confrontation Clause.
A 3-year-old boy, who was being cared for by his mother’s boyfriend, went to school with a black eye, belt marks on his back and stomach, and bruises all over his body. The 3-year-old told school teachers the boyfriend inflicted the injuries. When authorities went to the home, the boy’s 18-month-old sister had two black […]
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