IT PAYS TO HAVE A FLASH BACK TO THE FIRST DAY OF LAW SCHOOL

I actually paid attention to everything.  Day one of torts you learn the standard for liability is not "but for".  It is "but for" plus foreseeability.  So today during settlement discussions in a case I have, the lawyer said "so you are saying but for what my client did you would not have damages."  I said, well yes but because the damages were foreseeable.  Then I said Palsgraf v. LIRR. 

That was it.  It all came together.  We both got a laugh that I remembered Palsgraf and cited it. "

It pays to have flash back memories. 

I think I am two weeks to the check.  The number is still up in the air.  But I am certain we will agree on something.

 

ELON MUSK'S NEXT MOVE COULD SOLIDY HIS SUPPORT AMONG THE RESIDENTS OF CAMERON COUNTY

Taking a break from John Doe to refresh my brain. 

I can say with 100% certainty that without SpaceX the construction industry in Cameron County would be in a complete state of disrepair.  Thanks to Trump and his local Republican lemmings, new construction in some places have come to snail's pace.  There are no workers.

Just today the Trump administration detained some 475 more or less illegal South Koreans working in a Hyundai factory in Georgia.  It will shut down the manufacturing facility.  I believe they were targeted as a way to destroy an EV facility. 

Apartment owners are starting to feel the mess Trump has created in housing. When you send workers into hiding or deport them apartments are left empty.  I have spoken of this for years.  This will fuel support for Musk if his work in Cameron County can make up for the losses to the economy.

THE OLIVE LEAF TO THE PEOPLE TO SECURE SUPPORT

The major complaint about SpaceX has been its impact on Boca Chica beach.  He needs to address this.  Damage to the environment is not really an issue since the state and federal government have lifted key restrictions on Musk.  The damage remains real, but there are few restrictions on Musk. But with a little bit more damage we can actually preserve a lot of Boca Chica while giving the people greater access.

I do not have a map in my head concerning the entire SpaceX compound.  Whether it is going south or north of Boca Chica, Musk must build to the best of his ability an environmentally friendly access road to the beach.  We may need one both south and north of Boca Chica.

If we can find a way to keep people using the beach, I believe we can work together to improve on environmentally friendly development.  

In the short run there will be damage to the area, but in the long run we can limit future damage if we can come to an agreement with Musk on the future of Boca Chica beach and guaranteed access to the beach by the people.

We need a committee of reasonable people who can work with Elon Muck to develop a final agreement on access to the beach, with future guarantees as to protection of the environment.  The people will be very pleased with such a deal.

THE CONSTRUCTION VARIABLE AND ASSOCIATED JOBS

Anyone who knows about what is happening at SpaceX knows in very short order SpaceX will be the largest employer in Cameron County.  Jobs bring progress.  The question is, is a citizen's committee the way to go to negotiate how the changes will be implemented?  The major problem with such a committee is no matter how hard you try, there will be people who object unless their interests are guaranteed part of the pie.  Such a committee can be formed to allow for removal of anyone demanding any entity or party be given personal guarantees.  

Step one is a commitment to the future.  Step two is the same committee overseeing the changes with a transparent commitment to open and honest negotiations The key problem here is Musk will be paying so he will have a lot of leeway.  I am 100% okay with this so long as he sticks to the agreement.  Musk is a bright businessman and would love nothing more than to have a citizen's committee watching his back as he executes on the agreement.  

He needs an honest citizen's committee because when it comes to politics, he is not very good.  I hope he learned his lesson with his time at DOGE.  His business interests were hurt.

ON CONSTRUCTION AND MANUFACTURING

In this area the employment impact created by SpaceX is massive.  This is separate from the manufacturing jobs he is creating directly and indirectly. Indirectly if you look at areas around major military industrial complex facilities there are always various type machine shop manufacturing companies.  They create the small machine shop part components used by the actual larger facility.  There are always an endless number of smaller businesses which pop up around the larger facility.  The job growth is almost unimaginable.

If well planned out the benefits are unimaginable.  

LOCATION IS A PROBLEM

I know Musk likes where he is building.  The driving congestion is really bad.   We need a better plan to move the traffic over to Ruben Torres and possibly other newer BLVDS.  It would not hurt Musk to consider some manufacturing in northern Cameron County to avoid the impending congestion.  There is no issue we are long past the time to connect 511 to I69 to make access to Boca Chica easier.

WITH VISION AND COMPROMISE COMES PROGRESS

GOING BACK TO WILLIAM REHNQUISTS STANDARD OF REVIEW TO SECURE AN APPLICATION FOR STAY FROM THE SUPREME COURT

 My approach will intrigue the Supreme Court because it addresses the complaints from the trial judges they are being given no guidance from the Supreme Court as to when a party can secure a Stay of the trial court ruling from the Supreme Court. 

This is not complex.  The rule was always a modification of the rule used when granting a TRO.   The current Supreme Court does not want to explain themselves, so they abolished the well-established rule.

In this case Chief Justice William Rehnquist denied the Secret Service their request for a Stay [TRO].

It frustrates me to no end our inept news media in all their coverage of this issue never mention the Rehnquist standard which guided the court for decades.

From Chief Justice Rehnquist:

The text of Chief Justice William H. Rehnquist's opinion refusing to spare Secret Service officers from having to testify before a grand jury in the Monica Lewinsky investigation:

"This case is before me as circuit justice on the application for stay submitted by the solicitor general, on behalf of the secretary of the treasury, Robert E. Rubin. Because several of my colleagues are out of the country, I have decided to rule on the matter myself rather than refer it to the conference.

"An applicant for stay first must show irreparable harm if a stay is denied. In my view, the applicant has not demonstrated that denying a stay and enforcing the subpoenas pending a decision on certiorari would cause irreparable harm.

"The secretary identifies two injuries that would result from denying a stay: any privileged information would be lost forever and the important interests that the 'protective function privilege' protects would be destroyed. I cannot say that any harm caused by the interim enforcement of the subpoenas will be irreparable. If the secretary's claim of privilege is eventually upheld, disclosure of past events will not affect the president's relationship with his protectors in the future. On balance, the equities do not favor granting a stay.

"An applicant for stay must also show that there is a likelihood that four members of this court will grant certiorari to review the decision of the court of appeals on the merits. This case is obviously not a run-of-the-mine dispute, pitting as it does the prosecution's need for testimony before a grand jury against claims involving the safety and protection of the president of the United States. I shall assume, without deciding, that four members of this court on that basis would grant certiorari.

CBSNews 1998

JUDGE MCDONALD TO BECOME THE FACE OF COWARDLY JUDGES WHO RUN FROM DIFFICULT CASES

THE UPDATE WHICH ONCE AGAIN SHOWS SYLVIA GARZA PEREZ CORRUPTING THE PROCESS

You cannot make this stuff up.  On Monday the mandamus against Missy Medary will be filed before the Texas Supreme Court to void her order appointing Gina Benavides to replace Judge McDonald in my case with the COB.

There is zero chance the Texas Supreme Court will take the case.  But I have the case law which says if an attorney seeks to recuse a judge based on past complaints against the judge that is a basis to sanction the attorney.

This is about a record which proves the Supreme Court is not serious about bringing recalcitrant judges under control.

Sylva Garza Perez once again shows her contempt for the courts.  On August 27, 2025, Judge Missy Medary filed with Sylvia Garza Perez her assignment of former Court of Appeals judge Gina Benavides.  Only today after my post did Sylvia Garza Perez decide to post the order of assignment.  This endless manipulation of the record by Sylvia Garza Perez is a crime and must end.

Yesterday I printed the active docket sheet and there was no record of the Assignment of Gina Benavides.  Sylvia Garza Perez will never comply with the law.  If she is told to withhold filings she will.  This is an ongoing problem which she cannot refute.

Gina Benavides lost her reelection to the court of appeals last November.  

She is not happy with those of us who worked so hard to remove all the Democrats from the court.  I will not file a motion to recuse her.  We will play this out.  But her record does not support a reverence for the law.

She was party to one of the early opinions against John Doe.  She will be listed as a codefendant in the federal case.  The subject opinion involves an express coverup of Judge Gabby Garcia's corruption of the court appointment process. She knows this and so too does Missy Medary.  This proves a greater point.  In the case of John Doe, she showed nothing but contempt for the law.  She knows we are at odds with one another, and she has run cover for Gabby Garcia.  But she will keep the case so she can corrupt it.

But Art McDonald is allowed to recuse himself because he does not want to deal with the case which means the COB loses.

Mind you the Texas Supreme Court will have the documents and have to reconcile effectively barring me from filing a Motion to Recuse Benavides while allowing Art McDonald to recuse himself for no reason.

TO DATE JUDGE MISSY MEDARY IS REFUSING TO ALLOW ART MCDONALD TO RECUSE HIMSELF FROM MY CITY OF BROWNSVILLE CASE

A judge cannot run from a case because he dislikes the case or one of the parties.  We are going to end this practice of judges recusing themselves and putting the financial burden on the taxpayers to fund a new judge.

If I were to file a motion to recuse against Judge McDonald the case law shows I can be sanctioned because you cannot use your public distain for a judge as a basis to recuse them from your case. 

In that case I am moving for partial summary judgment and sanctions against the COB for alleging immunity for Omar Ochoa when the case law so clearly says there is no immunity.  As to the AC company I am moving for partial summary judgment on all the code violations the owner admitted to before the State and the code violations alleged by the COB.  

This will pretty much leave the case for a jury trial to determine damages.   It also will allow for a lot of discovery concerning the remaining issues.

The finance company is claiming mandatory arbitration.  Wrong.  The finance company waived the arbitration clause when they falsified documents which they place before a state agency, and requested relief. Between this and the other two parties cannot be forced into arbitration, makes arbitration impossible.  Further, there is no issue of fraud.  I have the documents filed with the Texas OCCC.   

Here is the thing, how much will they pay to compel Arbitration when the settlement offer includes a refund for the cost of replacing the closet?  I have agreed that if the AC company covers the cost of replacing the closet, I will give them a refund on their part of the settlement.  Do they actually believe after protracted discovery before an arbitrator they can do better?

 

BETO O'ROURKE TAKES WIN AT TEXAS SUPREME COURT IN SNUB TO TEXAS AG KEN PAXTON

Both the new all Republicans Fifteenth Court of Appeals, and all Republican Texas Supreme Court stopped Ken Paston in his fascist march to destroy Beto O'Rourke.

"Attorney General Ken Paxton has slammed Texas’ Supreme Court and Fifteenth Court of Appeals for what he described as “a blindly political attempt to aid fraudster” Robert Francis “Beto” O’Rourke.

This comes after the Supreme Court denied Paxton’s request to reverse the Fifteenth Court’s decision to halt discovery and delay a hearing in the case."

The idea that 12 Republican appellate judges are in a "blindly political attempt to aid fraudster" Beto O'Rourke is absurd.  This was a full melt down by Ken Paxton.

The ruling by the Texas Supreme Court signaled they are done with Paxton's endless lawsuits a la Trump. 

But there is another factor, the Texas Supreme Court favors John Cornyn in the Senate race as one of their own.  All polling shows only John Cornyn can beat the presumptive Democratic nominee.

I think it is fair to say they are done with the political warfare being used in the courts.