Texas court dismisses GOP donor’s defamation lawsuit

U.S. Law Review

A Texas appeals court on Friday dismissed a billionaire’s defamation lawsuit against Democrat Beto O’Rouke that was brought after O’Rourke criticized a $1 million campaign contribution to Republican Gov. Greg Abbott.

The ruling by the Third Court of Appeals in Austin comes more than a year after O’Rourke repeatedly made critical remarks about the donation during a failed run for governor, at one point saying that it “looks like a bribe to me.”

The contribution came from Kelcy Warren, chairman of pipeline company Energy Transfer, which reported about $2.4 billion in earnings related to the catastrophic February 2021 winter storm that sent natural gas prices soaring in Texas.

Warren, a major Republican donor, accused O’Rourke of trying to humiliate him and discourage other Abbott supporters from making campaign donations.

In the court’s opinion, Chief Justice Darlene Byrne wrote that a reasonable person would view O’Rourke’s statements as “the type of rhetorical hyperbole that is commonplace in political campaigns.”

Dean Pamphilis, an attorney for Warrren, said the decision would be appealed to the Texas Supreme Court.

Abbott’s campaign said at the time that it was not involved in the lawsuit. The governor went on to easily beat O’Rourke and win a third term.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.