Legal Opinion
McKinley v. Abbott
Court of Appeals for the Fifth Circuit
Decided June 8, 2011No. 10-50568PublishedCited by 37 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
Section 38.12 of the Texas Penal Code (the “Barratry Statute”) regulates barratry and solicitation of professional employment. Appellees brought suit seeking a declaratory judgment that Texas Penal Code §§ 38.12(d)(2)(A) and 38.12(d)(2)(C) violate the Texas and United States Constitutions. After a bench trial, the district court entered judgment for the Appellees, holding unconstitutional § 38.12(d)(2)(A) as applied to written solicitations, in-person, and telephonic solicitation, and § 38.12(d)(2)(C) as applied to written solicitations, as violations of the United…
2Cases cited22 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- United States v. SalernoSupreme Court of the United States · 1987
17 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Nigen Biotech, L.L.C. v. Ken PaxtonCourt of Appeals for the Fifth Circuit · 2015
- State v. Equal Emp't Opportunity Comm'nCourt of Appeals for the Fifth Circuit · 2019
- Willie Garner v. Paul MoralesCourt of Appeals for the Fifth Circuit · 2013
- Smith v. Robbins (In Re IFS Financial Corp.)Court of Appeals for the Fifth Circuit · 2015
- Jones v. Tyson Foods, Inc.District Court, N.D. Mississippi · 2013
32 more not listed; retrieve them via the Exa API.