Legal Opinion

State of Texas v. Department of Justice

District Court, N.D. Texas

Decided July 28, 2023No. 5:23-cv-00034Unknown

1Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION STATE OF TEXAS, Plaintiff, v. No. 5:23-CV-034-H MERRICK GARLAND, in his official capacity as Attorney General., et al., Defendants. MEMORANDUM OPINION AND ORDER Judges apply rules, not the parties’ preferences. The rule at issue here is longstanding: the plaintiff gets to choose where to file suit from multiple permitted locations. And since 1962, Congress has permitted suits against the federal government to be brought where the plaintiff resides. Here, Texas brought suit in the Northern District of Texas, but the…

2Cases cited31 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
  3. Terra International, Inc., a Delaware Corporation v. Mississippi Chemical Corporation, a Mississippi CorporationCourt of Appeals for the Eighth Circuit · 1997
  4. Stafford v. BriggsSupreme Court of the United States · 1980
  5. State of California v. the Little Sisters of the PoorCourt of Appeals for the Ninth Circuit · 2018

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