NewsWire

Funeral Protest Law Likely Faces Legal Challenge
A new Texas Law that imposes broad restrictions on protests at funerals is likely to be challenged as unconstitutional, particularly in light of a recent, if unpopular, U.S. Supreme Court decision. "The Texas Legislature has simply run roughshod over federal and state law and has essentially invited extremists to establish a rationale for litigation," says David Furlow of the Houston office of Thompson & Knight. The Texas law, HB718, prohibits protests within 1,000 feet of a funeral for three hours before and after the scheduled service. The bill's sponsor made it clear the law targets members of the controversial Westboro Baptist Church, who frequently picket at military funerals based on their religious beliefs. "The judiciary has been clear that even hurtful speech is protected speech. I fear that legislators chose an expensive chainsaw when a scalpel would have adequately protected the dignity of funeral services in Texas," says Furlow. For more information, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Tweets Hover Outside of Libel Law
When a Houston restaurant patron was unceremoniously shown the door after posting an unflattering tweet about the bartender, it reignited the debate over what constitutes libel and slander in the era of Social Media. "Twitter brags that it currently has more than 200 million tweets a day, so applying legal standards is extremely difficult, and even more so since this communication phenomenon does not fit nicely into accepted legal standards of libel and slander," says Dallas technology attorney Peter S. Vogel of Gardere Wynne Sewell LLP. He adds that the cybersmear litigation that has evolved at the courthouse limits liability if there is a grain of truth to the Internet statement. "But until actual cases are brought to court it's not clear that libel and slander will ever apply to tweets," says Vogel, who also serves as a Law of the Internet Adjunct Professor at SMU's Dedman School of Law. For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

New Football Season Brings Fresh Focus on Safety
Under the glare of Friday night lights, student-athletes are prone to "shake it off" after taking a seemingly devastating hit. But a new state law will help protect many Texas student-athletes from the long-term risks of concussions, says Houston attorney Gene Egdorf of The Lanier Law Firm. The new law requires that any student-athlete showing signs of a concussion must be removed immediately from any game or practice, and evaluated by a doctor. "Hard hits and tough players are celebrated in this state, and that attitude has led to far too many catastrophic injuries," says Egdorf, who has successfully represented injured student athletes and their families. "Laws like this hopefully will help keep kids safe from the start." For more information, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.

Businesses Must Accommodate Religious Attire
Despite claiming that fibers from the modest full-body covering worn by Muslim women are clogging its drains, a Houston area gym that barred the members from a swimming pool could be facing legal trouble. "Federal laws require that a business reasonably accommodate religious beliefs, and this gym will have a hard time proving they have done so," says executive employment lawyer Joe Ahmad of Houston's Ahmad Zavitsanos & Anaipakos. "Not only does the business have to show the fibers from the spandex pants and shirts are actually clogging the pool drain, but it also must show those fibers are different and somehow more menacing than any other kind of swimsuit fibers. This could be a problem for a business if a barred religious customer takes them to court." For more information, contact Mary Flood at 800-559-4534 or mary@androvett.com.

(Red) Shoe Drops on Designer's Trademark Fight
Fashion designer Christian Louboutin is famous for the distinctive red lacquered soles on his high-end heels – so much that he trademarked the color to fend off competitors and knock-offs. The enforceability of that trademark is now in doubt after a New York federal judge found that the color on the shoe is a "decorative element" rather than a feature that can be trademarked, although the legal challenge by designer YSL is far from settled. "Louboutin shoes are readily identifiable by their red soles," says litigation attorney Jennifer Ingram of Dallas-based Munck Carter, who has experience in trademark matters. "Businesses of all types use trademarks to protect elements that make their products distinctive, including signature colors, but in this case the judge has given signals that he believes the use of color alone is overly broad." For more information, contact Robert Tharp at 800-559-4534 or robert@androvett.com.

Property Owners Sue Resort Developer Over Fees
More than 450 property owners at the White Bluff Resort on Lake Whitney, Texas, have filed lawsuits against development owner Double Diamond-Delaware Inc. and it's CEO, R. Michael Ward, based on claims that the company collected millions in fraudulent property owners association fees. Plaintiffs say property owners are required to pay thousands in fees that are nothing but revenue-generators for Double Diamond. Those attempting to sell White Bluff lots have found little or no market for the properties. "This is nothing short of a nightmare for the people who've been duped into buying these lots and it's just wrong, plain and simple," says attorney Martin Rose of Rose•Walker in Dallas, who represents the property owners. For more information, contact Mark Annick at 800-559-4534 or mark@androvett.com.

Immigration Laws Set Up Face-Off With DOJ
Recent Department of Justice lawsuits challenging state immigration laws in Alabama and Arizona may trigger a face-off between state sovereignty supporters and those who believe the federal government should hold sway over immigration matters, says Dallas appellate lawyer Jeffrey Levinger. "To be decided is whether states are allowed to enact a variety of separate statutes to determine the legal status of residents, or if the federal government will be the exclusive authority over issues affecting the status of immigrants in this country," says Levinger, who has handled appeals for corporations, professional organizations, and individuals in state and federal appellate courts and in the U.S. Supreme Court. Barring court action blocking it, the Alabama law will go into effect on Sept. 1. Among the provisions is a requirement that all non-citizens be able to show valid immigration papers. For more information, contact Dave Moore at 800-559-4534 or dave@androvett.com.

When Hurricanes Approach, Preparation is Key
Expected to make landfall this weekend, Hurricane Irene is poised to be the first major hurricane to hit the U.S. since 2008. "After a couple of storm seasons with relatively low activity, it's easy for us that live along the coast to become complacent," says Houston attorney Phillip Sanov of The Lanier Law Firm, who represents home and business owners with property damage from storms and natural disasters. "We all know to stockpile water and board up windows, but other simple steps can make sure potential insurance claims are less of a headache." Sanov recommends that property owners take photos and videos of their structures and belongings, and confirm that they have enough insurance coverage to replace anything that is lost or damaged. "Taking a few precautions now certainly will help smooth the insurance claims process once the storm clears." For more information, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.