Thursday, August 22, 2024

For our ongoing look at the judiciary, a few topical court cases

- Federal judge strikes down FTC rule banning noncompete agreements.

A federal judge in Texas on Tuesday struck down the Federal Trade Commission’s ban on noncompete agreements, finding that the agency exceeded its authority with a rule that would have voided contracts that bar workers from moving to rival employers.

In a 27-page opinion, U.S. District Judge Ada Brown found that the FTC lacked the statutory authority to issue the rule, which would have taken effect Sept. 4. In reaching her decision, Brown wrote that the “FTC’s promulgation of the Rule is an unlawful agency action.”

- NFL scores huge victory in 'Sunday Ticket' case after judge overturns $4.7 billion verdict against league.

The NFL scored a huge victory in court on Thursday when U.S. District Judge Philip Gutierrez decided to overturn the $4.7 billion verdict against the league that was handed out back in June.

During a hearing on Wednesday in Los Angeles, the league asked the court to throw out the verdict, and after thinking things over for 24 hours, Gutierrez granted the league's wishes.

In his judgement that came out on Thursday, Gutierrez said that two expert witnesses who talked about the financial ramifications of 'Sunday Ticket' used "flawed methodologies."

"The court agrees that Dr. Rascher's and Dr. Zona's testimonies based on their flawed methodologies should be excluded," Gutierrez wrote. "And because there was no other support for the class-wide injury and damages elements of the plaintiffs' claims, judgement as a matter of law for the defendants is appropriate."


Former staffer of Congressman Troy Nehls sues office, alleging homophobic work environment.

A gay former staffer of Houston area U.S. Rep. Troy Nehls has sued the congressman's office, alleging a homophobic workplace.

Alex Chadwell worked at Republican congressman's office from 2021-2023 as a legislative correspondent and field representative. Chadwell also worked on Nehls’ campaign in 2019, according to the lawsuit.

While Chadwell worked at the office, he alleges that he was subjected to offensive comments about being gay and gay people in general from Nehls, his chief of staff and special adviser, according to the lawsuit, which was filed on Friday. Chadwell said he was told that the office would never support LGBTQ+ issues and that gay people shouldn’t be let into the military. Those colleagues also made offensive remarks, such as “Adam and Eve, not Adam and Steve,” and that gay people would all go to hell, according to the lawsuit.


Supreme Court’s ‘shadow docket’ returns with a vengeance.

In coming days, the high court is expected to tackle short-fuse challenges to President Joe Biden’s latest effort to reduce student debt and to cut planet-warming pollution by limiting power plant emissions. And the court must decide whether Arizona, a presidential battleground, may require thousands of people to prove their US citizenship before voting this year. Also pending is a fight over Biden’s requirement that family planning clinics that receive federal public health funding provide referrals for abortions for patients who request it.

The court’s emergency docket – the “shadow docket,” to critics – is where the justices deal with questions that need resolution faster than the months it can take to submit briefs, hear oral arguments and draft formal opinions on its regular docket. The cases usually deal with the narrow question of what will happen as that underlying legal process plays out. But the orders can have significant and immediate real-world consequences.