Texas Legal Cases

Date: September 23, 2013

ABC Texas and NFIB v. NLRB - Labor

U.S. District Court for the Western District of Texas

U.S. Court of Appeals for the Fifth Circuit

 

NFIB joined with the Associated Builders & Contractors Texas in challenging the accelerated union election rules issued by the NLRB.Bostic v. Georgia Pacific – Legal Reform

Texas Supreme Court

In this case, Plaintiffs are attempting to undercut an earlier ruling that rejected testimony by asbestos plaintiffs' experts who opine that any exposure to asbestos no matter how small is a substantial contributing factor to a plaintiff's harm.  It is this theory that is the path for plaintiffs' lawyers to sue even the most remote defendants because the theory equates any exposure with causation.

City of Dallas v. Highway 205 Farms – Property Rights
10th Circuit

Eminent domain proceedings in Texas are initiated upon filing a condemnation petition in court. Once the case is initiated, the Property Code requires the judge to appoint special commissioners, who are assigned to determine the value of the property. Once the commissioners file their report, the owner then has an opportunity to file an objection, and to either challenge the eminent domain action or the commissioner’s determination of value. But this case asks what happens when the condemning authority fails to prosecute their case after initiating eminent domain proceedings—where the process stalls during the “administrative” portion of the case, such that the special commissioners never submit a report from which the landowner can appeal. We filed here to encourage the Texas Supreme Court to take the case because there must be some opportunity for a landowner to lift a cloud on the title of his property once emminent domain proceedings have begun; accordingly, we argued that the landowner should be enabled to seek a dismissal for want of prosecution if the condemning authority unreasonably fails to move the proceedings forward.

DR Horton — Employment Arbitration Agreements

U.S. Court of Appeals for the Fifth Circuit

This appeal involves a dispute over whether employers can require employees to agree to resolve employment disputes through arbitration, rather than through the courts. The NLRB contends that it is an unfair labor practice for an employment contract to contain a waiver of class action rights and to instead provide that disputes shall be resolved individually through arbitration. NFIB has defended employment arbitration agreements, which allow employers to resolve disputes expeditiously and without court costs.

In re Longview Energy Company – Legal Reform
Texas Supreme Court

This case involves whether Texas’s $25 million appeal bond cap, enacted as part of the state’s 2003 tort reform package, should be applied per judgment or per defendant. The trial court required a $100 million+ bond by multiplying the $25 million by four defendants, rather than allowing them to post a single $25 million bond.  The intermediate appellate court reversed.  Our amicus brief argues the bond applies per judgment. 

Texas v. Clear Channel Outdoor Inc. – Property Rights
Texas Supreme Court

The State of Texas appeals a decision awarding compensation to a billboard owner. Here the State required the billboard removed for a highway expansion project. NFIB Legal Center filed to make clear that billboard owners deserve compensation whenever government requires removal, and that the compensation award should take into account the potential revenue that the billboard could bring for a prospective buyer.

T-Mobile v. City of Roswell - Regulatory
U.S. Supreme Court (originated in TX)

The issue in the case is whether a local governmental authority complies with the requirement in the Telecommunications Act of 1996 that any denial of an application to install a wireless communication facility be "in writing and supported by substantial evidence" if it fails to specify any reasons for its denial. Prior to the 1996 Act, local zoning authorities often dragged their feet or otherwise sought to prevent telecommunications companies from siting vital infrastructure (such as the cell phone towers at issue here) in their communities.  The Act was designed to fix that problem by requiring denials to be subject to effective judicial oversight.  


University of Texas Southwestern Medical Center v. Nassar – Employment Discrimination
U.S. Supreme Court VICTORY!

NFIB filed a brief supporting the University of Texas in a retaliation claim. Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee “because [the employee] has opposed an employment practice made unlawful” by Title VII or “has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing” under Title VII. In this case, the Court will decide whether an employee alleging retaliation in violation of Title VII satisfies the burden of proof by establishing that retaliation was a motivating factor in an adverse employment decision, or whether the employee must instead go further and prove that the employer would not have taken the adverse action but for the improper motive.

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If you have a case that impacts small business, please contact us at 1-800-552-NFIB or email us at legalcenter@nfib.org as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

Thank You

 









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