Texas Stamp

Fifth Circuit Erodes Protection for Texas Homesteads Sold After Filing

Expanding upon its decision in Matter of Zibman , 268 F.3d 298 (5th Cir. 2001) [ an enhanced version of this opinion is available to lexis.com subscribers ], the Fifth Circuit has ruled that the proceeds from sale of a Texas homestead lose their exempt character if they are not reinvested within six...

DLA Piper: Avoiding Multimillion-Dollar Liability For De Facto Partnership Breach Under Texas Law: One Useful Tip

By Ileana Blanco After a lengthy trial, a Dallas jury has found that a de facto partnership existed between Energy Transfers Partners, L.P. (ETP) and Enterprise Products Partners, L.P. “to market and pursue a pipeline project to transport crude oil from Cushing, Oklahoma to the Gulf Coast.”...

Michigan Federal Judge Is 6th To Strike Down Prohibition On Same-Sex Marriage In Wake Of United States v. Windsor

On March 21, Senior U.S. District Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan struck down MCLS Const. Art. I, § 25 , an amendment to the Michigan Constitution prohibiting same-sex marriage, Deboer v. Snyder, 2014 U.S. Dist. LEXIS 37274 ( E.D. Mich. Mar...

Texas Teachers Face Deportation

"A few years ago, a school district in Texas found itself with a booming immigrant population and few teachers who spoke Spanish. So they started an ambitious recruitment program that brought in 260 teachers – from Colombia, Mexico and Venezuela – to meet their growing demand. Now...

Babst Calland: Gateway Royalty to Pay Utica Shale Landowners for Rights to Future Royalties

By Jason M. Zoeller Gateway Royalty, LLC , a royalty acquisition company based in Carrollton, Ohio, has raised $58.5 million to pay Utica shale play landowners for rights to their future royalty payments. Gateway’s goal is to invest in a broad range of oil and gas royalties across the eastern...

Violence, Poverty Push Central American Refugees to U.S.

"After six years of steep declines across the Southwest, illegal crossings have soared in South Texas while remaining low elsewhere. The Border Patrol made more than 90,700 apprehensions in the Rio Grande Valley in the past six months, a 69 percent increase over last year. The migrants are no...

Texas Supermarket Chain Pays $43K to Settle I-9 Discrimination Case

"The Justice Department reached an agreement today with Mexico Foods LLC, aka El Rancho Corp., a supermarket chain based in Garland, Texas, resolving claims that the company engaged in discrimination during the employment eligibility verification process in violation of the Immigration and Nationality...

Judge Denies Monitoring, Future Medical Expenses In Criminal Pollution Case

CORPUS CHRISTI, Texas — (Mealey’s) Compensation for future medical expenses, court-ordered medical monitoring and relocation from allegedly polluted properties is not justified by the evidence, the Texas federal judge sentencing CITGO Petroleum Corp. for criminal pollution violations said...

As Honduras Unravels, U.S. Struggles to Cope with Refugees

"On Saturday a group of 61 men, women and children walked across the Hidalgo International Bridge near McAllen to seek political asylum. At least 48 of the immigrants were fleeing Honduras, which has the highest murder rate in the world. The men, women and children who arrived in the Rio Grande...

Texas Immigration Jail Overcrowded; 90% of Detainees Not Criminals

"Recent contract documents reveal the Texas Port Isabel Detention Center is subjecting the average 1115 people it locks up each night to overcrowding, and that 90 per cent of them have no criminal records . On February 11 and 12, 2014 representatives from several private prison firms visited the...

USCIS Stakeholder Engagement with Nebraska, Texas Service Centers on June 19, 2014

"Business Community Engagement Thursday, June 19, 2014 8:30 a.m. – 4 p.m. (Central) Nebraska Service Center 1301 W. Highlands Boulevard, Lincoln, NE 68521 U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder engagement with the Nebraska and Texas...

U.S. Setting Up Emergency Shelter in Texas as Youths Cross Border Alone

"With border authorities in South Texas overwhelmed by a surge of young [unauthorized*] migrants traveling by themselves, the Department of Homeland Security declared a crisis this week and moved to set up an emergency shelter for the youths at an Air Force base in San Antonio, officials said Friday...

This Is Where the Government Houses the Tens of Thousands of Kids Who Get Caught Crossing the Border

"As the number of unaccompanied children entering the United States has more than doubled since 2011, the Office of Refugee Resettlement—the part of the Department of Health and Human Services charged with caring for unaccompanied minors in US custody—has brought more and more shelters...

Child Migrants: 5 Key Facts on Rights and Costs

"Every year, an increasing number of children and teens are making a harrowing journey across borders into the U.S; and every year, an increasing number do so alone. These children present major problems for enforcement authorities, politicians, social workers, and the nation as a whole." ...

Steptoe & Johnson PLLC: Mineral Lessees Have Surface Rights Across Non-Producing Pooled Tracts

By Christina A. Denmark, Of Counsel, and Russell L. Schetroma, Member On June 20, 2014, the Texas Supreme Court held that a mineral lessee has the right to use a road to cross the surface of non-producing pooled tracts. This decision is critical for oil and gas producers , as it clarifies the ability...

Jose Antonio 'Define American' Vargas Detained at Texas Airport

"Pulitzer Prize-winning journalist Jose Antonio Vargas, an undocumented immigrant and prominent immigration activist, was detained at an airport in McAllen, Texas, on Tuesday as he was passing through a security checkpoint, rights groups said. Airport officials in the border city could not confirm...

Texas Border Safe; Perry's Call for More Troopers, Guardsmen Debunked

"McAllen Police Chief Victor Rodriguez testified that an increase in crime has not accompanied the wave of Central American immigrants. "As far as I can tell, our community has not been impacted in any way from a criminal activity standpoint," Rodriguez said. Which begs the question: If...

Texas Border Officials, Residents Say National Guard Surge 'Pointless'

"Self- described conservative Jesus Cantu sees his family home, buffered by a wooden fence and high barbed wire, as ground zero of the Texas border battles. But unlike his fellow conservative, Gov. Rick Perry, he doesn't believe it's a battle the National Guard can fight. Cantu's doubts...

Unpub. BIA on Full Faith & Credit, Vacated Conviction

"We do not agree with the Immigration Judge's determination that the respondent's 2007 drug conviction remains effective for immigration purposes despite its vacatur. The Texas court's decision vacating the respondent's conviction is entitled to full faith and credit in these proceedings...

July Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During July, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. This informal list of top five cases captured our attention this past month, so we thought you might like to hear about them. If you are interested in submitting...

Bostic v. Georgia-Pacific: The Texas Supreme Court Extends And Refines Substantial Factor Causation In Asbestos Litigation

By Patrice Pujol and Laura A. Frase [Editor's Note: Patrice Pujol is an appellate and litigation attorney in the Houston Office of Forman Perry Watkins Krutz & Tardy, LLP. Laura A. Frase is a litigation partner in the Dallas Office of Forman Perry Watkins Krutz & Tardy, LLP. Both authors...

State Net Capitol Journal: Congress Fails Immigrants – And The States In Which They Live

By Lou Cannon | When a do-little Congress went home without addressing the crisis caused by the flight of thousands of unaccompanied children from Central America across U.S. borders, immense strains were placed on state-supervised programs that provide social services, job training and preventive...

Feds Planning Massive Family Immigration Jail in South Texas

"Federal officials are planning a new for-profit family detention lockup for immigrant children and their parents in South Texas. The 2,400-bed “South Texas Family Detention Center”—as Immigration and Customs Enforcement (ICE) is referring to it—is slated for a 50-acre site...

Kim Case KOs Homestead Interest of Non-Filing Spouse

This has not been a good year for Texas homesteads involved in bankruptcy proceedings. In April, the Fifth Circuit ruled (after nearly two years under advisement) that the non-filing spouse does not have a separate homestead estate entitled to protection when the other spouse files bankruptcy, or, as...