I wrote a post the other day stating that mere fear of contracting the COVID19 virus is not a disability for purposes of the Americans with Disabilities Act. See that post here. But, in a similar lawsuit concerning mail-in balloting, the Western District of Texas has found that anxiety over the coronavirus does indeed
Ken Paxton
USERRA Barred Against State Agencies
The U.S. Congress passed the Uniform Services Employment and Reemployment Rights Act in 1994. Congress based the act on the “necessary and proper” clause of Article I, Section 8 of the U.S. Constitution. That means, said the Corpus Christi court of appeals, that the act did not waive sovereign immunity of the states. See Texas…
Texas Supreme Court to Hear Sexual Assault Case
The Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010), decision was issued a few years ago. In that decision, the Texas Supreme Court decided that a lawsuit based on a tort claim of sexual assault was actually subsumed by the Texas Commission on Human Rights Act. I wrote about that decision here…
States, Business Groups Seek to Stop Overtime Changes
Pres. Obama updated the rules on overtime. He essentially brought them forward to allow for inflation. I wrote about that change in the overtime rules here and here. Well, now many states and business groups are filing suit to stop the changes. Of course, Ken Paxton and Texas are one of the leaders of…
AG Seeks to Muzzle Trump University Reports
John Owens’ information apparently hit a nerve. Within a day of the news report regarding the AG’s refusal to sue Trump University, Ken Paxton’s office has issued a “cease and desist” letter to Mr. Owens. I wrote about that investigation here. The cease and desist letter warns the former head of the consumer protection…
Texas AG Sued for Securities Fraud
The Texas Attorney General, Ken Paxton, has been sued by the Securities Exchange Commission for securities fraud. See San Antonio Express News report. That is a big deal simply because this is a civil matter, not criminal. The SEC only has to show by a preponderance of the evidence that General Paxton broke the…
AG Paxton Seeks to Cancel Hearing in U.S. District Court
Now, Attorney General Paxton wants to cancel the hearing in front of Judge Garcia in U.S. District Court. Judge Garcia ordered Ken Paxton and Kirk Cole, the interim head of the Texas Department of Health, to explain why they chose to violate the U.S. Supreme Court decision regarding gay marriage. Judge Garcia has essentially asked…
AG Paxton Agrees to New Policies
So, now AG Paxton and Mr. Cole, head of the Department of Health Services, have agreed to implement policies which will ensure no other gay or lesbian citizens will be denied requests to amend death certificates. The state officers say they will implement these new policies within just a couple of days. In turn, Judge…
AG Reconsiders Amending Death Certificate
Well, Ken Paxton and Kirk Cole, the head of the Department of Health, reconsidered. They allowed the spouse of a gay man to amend the death certificate to list him as the spouse. It took about a day for Mr. Paxton and Mr. Cole to reconsider and do as they were were compelled to do…
AG Paxton Ordered to Appear in U.S. District Court
It is not surprising that Ken Paxton is being called to appear in U.S. District Court. He gave poor legal advice to Texas’ 254 County Clerks when he suggested they could possibly ignore the Supreme Court ruling regarding gay marriage. I wrote about that inaccurate legal advice here. There is nothing wrong with sincerely…