Legal Opinion

Gibson v. Texas Department of Insurance-Division of Workers' Compensation

Court of Appeals for the Fifth Circuit

Decided October 30, 2012No. 11-11136PublishedCited by 79 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

In February 2011 the Texas Department of Insurance issued a cease and desist letter to Appellant John Gibson, arguing that his use of the words “Texas” and “Workers’ Comp” in the domain name of his website violated § 419.002 of the Texas Labor Code. Gibson filed a complaint in the Northern District of Texas, alleging that the statute was unconstitutional under the First, Fifth, and Fourteenth Amendments. The district court dismissed the complaint for failure to state a claim. For the following reasons, we AFFIRM in part and REVERSE in part.

FACTS AND…

2Cases cited37 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Mathews v. EldridgeSupreme Court of the United States · 1976
  4. Morrissey v. BrewerSupreme Court of the United States · 1972
  5. United States v. SalernoSupreme Court of the United States · 1987

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3Cited by79 opinions

  1. Mary Serafine v. Tim BranamanCourt of Appeals for the Fifth Circuit · 2016
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  4. Sahara Health Care, Inc. v. Alex Azar, II, SecretaCourt of Appeals for the Fifth Circuit · 2020
  5. United States v. Omar AlvarezCourt of Appeals for the Fifth Circuit · 2013

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