Casey Erick, Shareholder at Cowles & Thompson, P.C.

FORMER UVALDE, TEXAS, OFFICERS PLEAD NOT GUILTY AGAINST CHARGES OF CHILD ENDANGERMENT ARISING FROM SCHOOL SHOOTING THAT RESULTED IN NINETEEN STUDENTS AND TWO TEACHERS' DEATHS

Former Uvalde officers Adrian Gonzales and Pedro "Pete" Arredondo plead not guilty to charges related to the 2022 school shooting at Robb Elementary School. Gonzales faces 29 counts of child endangerment, while Arredondo faces 10 counts. The officers are accused of a bungled response to the shooting, during which they waited outside a classroom for over an hour. Gonzales' lawyer, Nico LaHood, maintains his client's innocence, stating Gonzales tried to help evacuate children during the incident.

Read more:

Former Uvalde officers plead not guilty in Texas school shooting case Two former Texas school police officers have pleaded not guilty to charges related to the 2022 shooting at Robb Elementary School in Uvalde that killed 19 students and two teachers.

CALIFORNIA AND OSHA'S HEAT ILLNESS PREVENTION REGULATIONS ARE HEADING THIS WAY. YOU NEED TO BE READY.

In June, the California Occupational Safety and Health Standards Board approved a new rule for preventing heat illness in indoor workplaces. The rule applies to all indoor work areas where the temperature is 82 degrees Fahrenheit or higher.

At the time it was approved, it was unclear when the new rule would start. The Standards Board had asked the Office of Administrative Law to speed up the process. Cal/OSHA quietly announced on its Frequently Asked Questions page that the rule became effective on July 23, 2024.

Whole Foods settles ex-worker's lawsuit over Black Lives Matter masks

Whole Foods has reached an agreement to settle a lawsuit accusing it of illegally firing a worker who refused to remove her Black Lives Matter facemask and complained about racism at the Amazon upscale grocery chain.

A lawyer for Whole Foods said in a filing, on Monday in federal court in Boston it had reached an agreement in principle to resolve the case with Savannah Kinzer, an outspoken critic who had worked in a Cambridge, Massachusetts, store.

Whole Foods settles ex-worker's lawsuit over Black Lives Matter masks Whole Foods has reached an agreement to settle a lawsuit accusing it of illegally firing a worker who refused to remove her Black Lives Matter facemask and complained about racism at the Amazon.com-owned upscale grocery chain.

FOX NEWS DEFEATS DEFAMATION LAWSUIT BROUGHT BY FORMER BIDEN OFFICIAL

Fox News Media and its parent Fox Corp (FOXA.O) have won a ruling on Monday dismissing a lawsuit by a former Biden administration official. Nina Jankowicz, who resigned from her U.S. Department of Homeland Security post in May 2022, claimed that she was defamed by the media giant as a proponent of censorship. However, Chief U.S. District Judge Colm Connolly in Delaware ruled that she could not back up her defamation claims. Jankowicz sued Fox last year, stating that she was forced to resign from the Disinformation Governance Board as a result of the company's broadcasts. She accused Fox of intentionally spreading falsehoods to increase its profits, but Fox denied the claims. Following the ruling, Fox News Media released a statement on Monday expressing its pleasure with the decision and calling the case "a politically motivated lawsuit aimed at silencing free speech."

Fox defeats defamation lawsuit by former Biden anti-disinformation official Fox News Media and its parent Fox Corp won a ruling on Monday dismissing a lawsuit by a former Biden administration official who accused the media giant of defaming her as a proponent of censorship.

YOUR TEXAS ABC'S

Can you buy alcohol from stores on the Fourth of July?
Yes. “Texas law allows for retail alcohol sales on July 4 – there are no restrictions for sales on that date,” Chris Porter, Director of Communications/Executive Division at the Texas Alcoholic Beverage Commission, said.

Can you buy alcoholic beverages in grocery stores?
Yes, Texas grocery stores can obtain a permit to sell wine and malt beverage products with an alcohol content up to 17% ABV,” Porter said.

What hours can alcohol be sold or served?
According to the Texas Alcoholic Beverage Commission, Texas law states that you can buy alcohol from grocery and convenience stores from 7 a.m. to midnight, Monday through Friday. On Saturdays, from 7 a.m. to 1 a.m. (Sunday morning)and then on Sunday from 10 a.m. to midnight. Hours for liquor stores are 10 a.m. to 9 p.m.

TEXAS HAS JOINED IN BLOCKING ENFORCEMENT OF THE NEW TITLE IX REGULATIONS.

On July 2 and July 11, 2024, federal courts issued preliminary injunctions blocking the U.S. Department of Education’s new Title IX regulations set to go into effect on August 1, 2024.

Federal district courts in Kansas and Texas prevented enforcement of the new regulations against Alaska, Kansas, Texas, Utah, and Wyoming. These courts ruled that the Department of Education lacked the authority to interpret Title IX to include discrimination based on s*xual orientation and gender identity.

As a result, the Department of Education is now prohibited from implementing the new Title IX regulations in fifteen states and numerous educational institutions across the country.

US SUPREME COURT IS MAKING IT HARDER TO SUE - ESPECIALLY IN THE FIFTH CIRCUIT.

The U.S. Supreme Court has made it more difficult to sue, particularly in the Fifth Circuit. The Court has overturned multiple cases from this federal appeals court, emphasizing the need for strict adherence to the legal standing requirement for plaintiffs. This has significant implications for contentious political lawsuits, particularly in conservative-leaning states. The Court's actions reflect an effort to limit standing, signaling a shift in approach towards judicial restraint.

US Supreme Court is making it harder to sue - even for conservatives Over its past two terms, the U.S. Supreme Court has put an end to five high-profile and politically sensitive cases emerging from one particular federal appeals court on the same basis, declaring that the litigation should not have been allowed in the first place.

LENNAR HOMES IN HOT WATER FOR ROBOCALLING WITHOUT PERMISSION

Home builder Lennar Corporation is facing a new TCPA class action over alleged violations of state and federal laws regarding prerecorded voicemails. The plaintiff claims calls were made without consent, despite being on the DNC list. Classes defined include "TCPA 227(b) Class" and "TCPA 227(c) Class". The case is intriguing, with an "obvious failsafe" in the Texas § 305.053 Class. It will be interesting to see the outcome of these broad classes. Voicemails are considered "calls" under TCPA, raising concerns over lack of consent. Stay tuned to see if this is a lead gen, rule misunderstanding, or plaintiff error situation.

EXCEPT FOR THE STATE OF TEXAS, THE DOL'S NEW SALARY THRESHOLDS ARE EFFECTIVE AS OF JULY 1, 2024

On April 23, 2024, the U.S. Department of Labor (DOL) announced a new final rule that significantly raises the salary threshold requirements for exempting employees from overtime under the executive, administrative, and professional (EAP) and "highly compensated employee" exemptions. The changes will take effect on a staggered basis on July 1, 2024, and January 1, 2025.

After the DOL announced its final rule, three lawsuits were filed in federal district courts in Texas challenging the DOL’s authority to increase the salary thresholds. Despite these challenges, the first increase took effect on July 1, 2024, for all employers except for the State of Texas.*

Employers should identify affected employees and make necessary changes. It's uncertain if the rule will be stopped nationwide, so employers should be prepared for additional compliance changes.

*The cases are:

[1] Plano Chamber of Com. v. Su, U.S.D.C. E.D. of Texas Sherman Div., Case No.: 4:24-cv-00468; consolidated into: [2] Texas v. U.S. Dep’t of Lab., U.S.D.C. E.D. of Texas Sherman Div., Case No.: 4:24-cv-00499.

[3] Flint Ave. LLC v. U.S. Dep’t of Lab., U.S.D.C. N.D. of Tex. Lubbock Div., Case No.: 5:24-cv-130.

EMPLOYMENT LAW ALERT: BASED ON A RECENT 3RD CIRCUIT COURT OF APPEALS RULING, COLLEGE ATHLETES IN THE US WILL NOW BE EVALUATED UNDER A NEW TEST TO DETERMINE WHETHER THEY CAN BE CLASSIFIED AS EMPLOYEES.

A U.S. appeals court has established a test for determining whether college athletes can be considered employees of their schools and the NCAA, making them eligible for minimum wage. The ruling allows former college athletes to proceed with legal action against the NCAA and their former schools. The case has been sent back to a trial-level judge to determine whether the plaintiffs should have been paid the minimum wage.

*The United States Court of Appeals for the Third Circuit covers Pennsylvania, New Jersey, Delaware, and the Virgin Islands.

US college athletes may be employees under new test, court rules A U.S. appeals court on Thursday created a test for courts to determine when college athletes are the employees of their schools and the governing body for American intercollegiate sports, making them eligible for the minimum wage.

A federal judge in Texas has ruled that the 156-year-old ban on at-home distilling is unconstitutional.

This means that individuals are now allowed to produce spirits like whiskey and bourbon for their personal use. U.S. District Judge Mark Pittman, who was appointed by former President Donald Trump, agreed with the Hobby Distillers Association in Fort Worth. The judge stated that the ban went beyond the government's power to tax and violated the U.S. Constitution's Commerce Clause.

The lawsuit was filed by the Hobby Distillers Association and four of its 1,300 members against agencies such as the Alcohol and To***co Tax and Trade Bureau (TTB) and the Justice Department. They argued that the ban should not apply to activities carried out within their own homes.

US ban on at-home distilling is unconstitutional, Texas judge rules A federal judge in Texas has ruled that a 156-year-old ban on at-home distilling is unconstitutional, siding with a group that advocates for legalizing the ability of people to produce spirits like whiskey and bourbon for their personal consumption.

US law firms smell opportunity as Supreme Court guts agency powers

US law firms smell opportunity as Supreme Court guts agency powers Law firms are capitalizing on client uncertainty sparked by a flurry of new U.S. Supreme Court rulings that favored opponents of federal agency powers, even as lawyers themselves differ on the decisions' immediate and long-term effects.

Microsoft settles California probe over worker leave for $14 million

Microsoft settles California probe over worker leave for $14 million Microsoft Corp has agreed to pay $14 million to settle a California agency's claims that it illegally penalized workers who took medical or family-care leave, the agency said on Wednesday.

NCAA sued by Kansas Jayhawks ex-champs, other student basketball players

Several former U.S. college athletes, including members of the 2008 Kansas Jayhawks men's championship basketball team, have filed a lawsuit against the National Collegiate Athletics Association. They are seeking payment for the continued commercial use of their names, images, and likenesses. The athletes, numbering more than a dozen, filed the proposed class action in Manhattan federal court on Monday. They claim that the NCAA, the governing body for U.S. college sports, owes them millions of dollars for using their likenesses for years in advertisements, online videos, and television broadcasts.

NCAA sued by Kansas Jayhawks ex-champs, other student basketball players Former U.S. college athletes including members of the 2008 Kansas Jayhawks men's championship basketball team have sued the National Collegiate Athletics Association, demanding to be paid for the continued commercial use of their names, images and likenesses.

A judge has declined to prevent the implementation of the Biden administration's overtime pay rule in a lawsuit brought by a marketing firm.

A federal judge in Texas denied a small marketing firm's bid to block the Biden administration's rule extending mandatory overtime pay to 4 million U.S. workers. Another judge temporarily barred the rule from applying to Texas state workers. The rule sets a higher salary threshold for workers to qualify for overtime pay, sparking legal challenges.

Judge won't block Biden overtime pay rule in marketing firm's lawsuit A federal judge in Texas on Monday rejected a small marketing firm's bid to block the Biden administration's rule extending mandatory overtime pay to 4 million U.S. workers.

TEXAS WINS COURT BLOCK ON BIDEN OVERTIME PAY RULE.

A federal judge in Texas has temporarily blocked a Biden administration rule that would have extended mandatory overtime pay to 4 million salaried U.S. workers. U.S. District Judge Sean Jordan in Sherman, Texas, ruled that the U.S. Department of Labor's rule improperly determines overtime pay eligibility based on workers' wages rather than their job duties. The rule was set to take effect on Monday.

Judge Jordan, an appointee of Republican former President Donald Trump, has prohibited the Labor Department from enforcing the rule for Texas state workers until the Republican-led state's legal challenge is resolved. The Labor Department and the office of Republican Texas Attorney General Ken Paxton have not yet commented on the ruling.

The Labor Department can challenge the decision in the New Orleans-based 5th U.S. Circuit Court of Appeals, which is known for its conservative stance on legal matters.

Texas wins court block on Biden overtime pay rule A judge said the rule improperly bases eligibility for overtime pay on wages rather than job duties.

Meta Platforms is facing a lawsuit alleging a preference for foreign workers over U.S. citizens, a U.S. appeals court has ruled. The case, brought forth by a software engineer, claims that Meta refused to hire him in favor of foreign workers receiving lower wages. The 9th U.S. Circuit Court of Appeals highlighted that discrimination against U.S. citizens falls under a Civil War-era law originally targeting "alienage" bias in contracts. The decision marks a reversal of a California judge's dismissal, allowing the lawsuit by Purushothaman Rajaram, a naturalized U.S. citizen, to proceed. Rajaram aims to represent a class of workers affected by the alleged practice. Meta, the parent company of Facebook, Instagram, and WhatsApp, has refuted the claims, stating that there was no intention to discriminate against American workers.

Meta must face lawsuit claiming it prefers foreign workers over US citizens A U.S. appeals court on Thursday revived a software engineer's proposed class action claiming Meta Platforms refused to hire him because it preferred to give jobs to foreign workers who are paid lower wages.

The US Supreme Court ruled in favor of former Portage mayor James Snyder in a 6-3 decision led by Justice Brett Kavanaugh. The ruling narrows the scope of federal law, making it harder to bring corruption charges based on gratuities accepted by officials. The decision clarifies that accepting gifts of appreciation, like the ones Snyder received, does not constitute a federal crime, marking a significant shift in how corruption cases are prosecuted.

US Supreme Court narrows reach of federal corruption law The U.S. Supreme Court sided on Wednesday with a former mayor of an Indiana city who was convicted in a case in which he was accused of taking a bribe, in a ruling that could make it harder for federal prosecutors to bring corruption cases against state and local officials.

Supreme Court allows White House contacts with social media firms

The Supreme Court on Wednesday rejected a Republican-led effort to sharply restrict White House officials and other federal employees from pressuring social media companies to remove posts from their platforms that the U.S. government deems problematic, saying the challengers did not have legal standing to bring the case.

Supreme Court allows White House contacts with social media firms In a 6-3 ruling, the majority said the challengers did not have legal grounds — or standing — to bring the case against the Biden administration.

A U.S. appeals court on Monday tossed out a proposed class action claiming Uber Technologies' (UBER.N), opens new tab policy of terminating drivers with low passenger ratings is racially discriminatory.

The San Francisco-based 9th U.S. Circuit Court of Appeals said Thomas Liu, a driver who filed the 2020 lawsuit, had not provided any evidence showing that Uber kicked non-white drivers off its app at a higher rate than white drivers with low ratings.

Uber beats lawsuit alleging race bias in driver ratings A U.S. appeals court on Monday tossed out a proposed class action claiming Uber Technologies' policy of terminating drivers with low passenger ratings is racially discriminatory.

IMPORTANT GUIDELINES FOR TEXAS COMPANIES: UNDERSTANDING THE FEDERAL CORPORATE TRANSPARENCY ACT (CTA) REPORTING REQUIREMENTS FOR BENEFICIAL OWNERSHIP INFORMATION

Starting January 1, 2024, the federal Corporate Transparency Act (CTA) mandates certain entities to submit a beneficial ownership information (BOI) report to the Financial Crimes Enforcement Network (FinCEN). Entities meeting the CTA's definition of a "reporting company" must file a BOI report with FinCEN. The CTA outlines exemptions, imposes penalties for non-compliance, and requires submission of beneficial ownership information directly to FinCEN through its online Beneficial Ownership Secure System (BOSS). The Texas Secretary of State does not determine BOI report requirements and advises against including beneficial ownership information when forming or registering an entity.

CALIFORNIA LAW OFFERS VARIOUS PROTECTIONS FOR VICTIMS OF SEXUAL ABUSE TO UTILIZE DURING LEGAL PROCEEDINGS

Pseudonyms: Victims of s*xual abuse, misconduct, or assault are allowed to protect their personal identity by filing a lawsuit using a pseudonym. ​ This allows victims to maintain their privacy and avoid potential negative stigma or retaliation from their abusers or other defendants involved. ​
Consent evidence: In cases of childhood s*xual abuse where the perpetrator is an adult in a position of authority over the minor, consent may not be used as a defense. ​ Evidence of "consent" is not permissible, as an adult in a position of authority can exercise undue influence over a minor. ​
Sexual history: In civil actions alleging s*xual harassment, s*xual assault, or s*xual battery, a victim's s*xual history with individuals other than the perpetrator is generally not discoverable. ​ This protection is in place to prevent harassment and intrusion into the personal lives of victims. ​
Protective orders: Defense attorneys often use protective orders in childhood s*xual abuse cases to limit the disclosure of relevant factual information.
However, California law prohibits the entry of an order that restricts the disclosure of relevant factual information in civil actions regarding childhood s*xual assault. ​ Attorneys may face disciplinary action for permitting secrecy over factual information related to child abuse. ​
These protections aim to alleviate the concerns of victims and provide them with the necessary support and privacy to pursue legal action against those responsible for the abuse.

"I KNOW IT HAPPENS: BOEING'S CEO ADMITS THE COMPANY HAS RETALIATED AGAINST WHISTLEBLOWERS."
Source: CNN

Outgoing Boeing chief Dave Calhoun faced bipartisan criticism on safety, transparency, and quality standards during Tuesday’s Senate hearing. He acknowledged that the company had retaliated against employees who raised safety concerns. Before his opening remarks, he apologized to family members of Boeing 737 Max victims present in the room. Boeing is under intense scrutiny from regulators after safety missteps, including an incident in January where a door plug blew off an Alaska Airlines flight shortly after takeoff.

USTICE CLARENCE THOMAS HAS RAISED CONCERNS AND UNCERTAINTY REGARDING THE LEGAL CHALLENGES AGAINST DIVERSITY PROGRAMS

U.S. Supreme Court Justice Clarence Thomas questions the constitutional basis of associational standing, which allows groups to sue on behalf of members. His views may impact future lawsuits challenging diversity programs.

US judge blocks Biden protections for LGBT students in four states

A federal judge in Louisiana has blocked President Joe Biden's administration from enforcing a new rule that protects LGBT students from discrimination in schools and colleges. U.S. District Judge Terry Doughty issued a preliminary injunction, barring the U.S. Department of Education rule from taking effect in Louisiana, Mississippi, Montana, and Idaho.

US judge blocks Biden protections for LGBT students in four states A federal judge in Louisiana on Thursday blocked President Joe Biden's administration from enforcing in four states a new rule that protects LGBT students from discrimination based on their gender identity in schools and colleges.

The Department of Labor's rule to raise the salary threshold for exempt employees is facing an increasing number of legal challenges.

A recent Texas Supreme Court decision sheds light on vital class certification issues, offering valuable insights for defense counsel. In USAA Casualty Insurance Co. v. Letot, the court addressed standing concerns, emphasizing the need for a concrete possibility of imminent injury to seek injunctive relief. The case also highlighted the importance of individualized standing determinations among class members in meeting the predominance requirement. Furthermore, it emphasized the potential pitfalls of having an "atypically strong" named plaintiff as a class representative.

This ruling underscores key strategies for defense counsel facing class actions, including challenges related to speculative future injuries, the individualized nature of standing determinations, and the suitability of a named plaintiff as a class representative. Stay informed about the evolving legal landscape to navigate potential pitfalls effectively.

Amazon successfully fends off a US class action over a 'guaranteed' delivery window. Amazon Prime Members (like me) can now breathe a sigh of relief as a Seattle federal judge ruled to dismiss the proposed consumer class action. The judge stated that the customer had not demonstrated how Amazon's delivery practices would violate Washington's consumer protection law. More details available here: [Link to the article below]

Amazon fends off US class action over 'guaranteed' delivery window Amazon.com has persuaded a Seattle federal judge to dismiss a proposed consumer class action that accused the ecommerce giant of failing to meet its stated "guaranteed" delivery for some purchases.

US appellate courts split on threshold for lawsuits challenging diversity programs

US appellate courts split on threshold for lawsuits challenging diversity programs Conservative groups challenging diversity programs got a clear message on Monday from an appellate decision barring a venture capital fund from making grants to Black women entrepreneurs: Venue matters.

Eating a Donut Can Be Patriotic? Yes, it CAN!

Every year on the first Friday in June, we come together to celebrate National Doughnut or Donut Day. This special day not only honors the delicious doughnut but also pays tribute to the incredible Salvation Army "Lassies."

These remarkable women served doughnuts to soldiers during WWI, bringing a taste of home to the brave men and women fighting overseas. 🌟

The origins of National Doughnut Day date back to WWI, a time when over 4 million U.S. individuals courageously served, with nearly 3 million deployed overseas. As conflicts raged across various continents, the war presented immense challenges, especially for troops battling on the front lines. 🌍🕊️

Let's remember the history and significance behind National Doughnut Day as we indulge in these sweet treats and express gratitude to those who have served our country. 🍩

Nine States Sue to Enjoin a Not So Well Received Guidance from the EEOC!

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued the final version of its Enforcement Guidance on Harassment in the Workplace by a 3-2 vote. This Guidance updates prior EEOC pronouncements about how Title VII will be interpreted and applies to claims of unlawful harassment based on race, disability, national origin, gender identity, s*x, and other characteristics. The EEOC finalized this Guidance after receiving considerable public comment, and it includes 77 scenarios that explain how an employer might (or might not) violate Title VII under specific facts and circumstances.