Chavez v. Arte Publico Press, No. 93-2881

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore KING, Chief Judge, JONES and EMILIO M. GARZA; EDITH H. JONES
Citation204 F.3d 601
Parties(5th Cir. 2000) DENISE CHAVEZ,Plaintiff-Appellee, v. ARTE PUBLICO PRESS, et al., Defendants-Appellants
Docket NumberNo. 93-2881
Decision Date18 February 2000
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50 practice notes
  • Univ. of Hous. Sys. v. Jim Olive Photography, NO. 01-18-00534-CV
    • United States
    • Court of Appeals of Texas
    • June 11, 2019
    ...a state actor, states have Eleventh Amendment immunity from a suit for money damages in federal court. See Chavez v. Arte Publico Press , 204 F.3d 601, 607–08 (5th Cir. 2000) ( Chavez III ) (discussed below) (in copyright-infringement action against University of Houston, holding that Copyr......
  • Jacobs v. Memphis Convention and Visitors Bureau, No. 2:09-cv-2599
    • United States
    • United States District Courts. 6th Circuit. Western District of Tennessee
    • May 10, 2010
    ...different from that upon which Congress premised the abrogation at the time of the law's enactment. See Chavez v. Arte Publico Press, 204 F.3d 601, 605 (5th Cir.2000) (contrasting Florida Prepaid Postsecondary Educ. Expense Bd. v. Coll. Savs. Bank, 527 U.S. 627, 642 n. 7, 119 S.Ct. 2199, 14......
  • TC Reiner v. Canale, Case No. 16–11728
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • March 15, 2018
    ...in this District).The Fifth Circuit was the first to call the CRCA's constitutionality into question. In Chavez v. Arte Publico Press , 204 F.3d 601 (5th Cir. 2000), the Fifth Circuit interpreted the decision that the Supreme Court had recently issued in Florida Prepaid as requiring a court......
  • Allen v. Cooper, No. 5:15–CV–627–BO
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • March 23, 2017
    ...monetary relief as comparable to immunity from liability ...". H.R.Rep. 101–282, pt.2, at 8 (1989); but see Chavez v. Arte Publico Press , 204 F.3d 601, 606 (5th Cir. 2000) (finding that testimony presented to Congress primarily concerned threat of future abuse of immunity 244 F.Supp.3d 535......
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45 cases
  • Univ. of Hous. Sys. v. Jim Olive Photography, NO. 01-18-00534-CV
    • United States
    • Court of Appeals of Texas
    • June 11, 2019
    ...a state actor, states have Eleventh Amendment immunity from a suit for money damages in federal court. See Chavez v. Arte Publico Press , 204 F.3d 601, 607–08 (5th Cir. 2000) ( Chavez III ) (discussed below) (in copyright-infringement action against University of Houston, holding that Copyr......
  • Jacobs v. Memphis Convention and Visitors Bureau, No. 2:09-cv-2599
    • United States
    • United States District Courts. 6th Circuit. Western District of Tennessee
    • May 10, 2010
    ...different from that upon which Congress premised the abrogation at the time of the law's enactment. See Chavez v. Arte Publico Press, 204 F.3d 601, 605 (5th Cir.2000) (contrasting Florida Prepaid Postsecondary Educ. Expense Bd. v. Coll. Savs. Bank, 527 U.S. 627, 642 n. 7, 119 S.Ct. 2199, 14......
  • TC Reiner v. Canale, Case No. 16–11728
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • March 15, 2018
    ...in this District).The Fifth Circuit was the first to call the CRCA's constitutionality into question. In Chavez v. Arte Publico Press , 204 F.3d 601 (5th Cir. 2000), the Fifth Circuit interpreted the decision that the Supreme Court had recently issued in Florida Prepaid as requiring a court......
  • Allen v. Cooper, No. 5:15–CV–627–BO
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • March 23, 2017
    ...monetary relief as comparable to immunity from liability ...". H.R.Rep. 101–282, pt.2, at 8 (1989); but see Chavez v. Arte Publico Press , 204 F.3d 601, 606 (5th Cir. 2000) (finding that testimony presented to Congress primarily concerned threat of future abuse of immunity 244 F.Supp.3d 535......
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5 books & journal articles
  • A New Frontier in Patent Bar Ethics?
    • United States
    • Landslide Nbr. 12-2, November 2019
    • November 1, 2019
    ...Ass’n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga., 633 F.3d 1297, 1314 (11th Cir. 2011); Chavez v. Arte Publico Press, 204 F.3d 601, 607 (5th Cir. 2000); Flack v. Citizens Mem’l Hosp., No. 6:18-cv-3236, 2019 WL 108128, at *3 (W.D. Mo. Mar. 7, 2019); Reiner v. Canale, 301 ......
  • An Interview with Li-Hsien (Lily) Rin-Laures
    • United States
    • Landslide Nbr. 12-2, November 2019
    • November 1, 2019
    ...Ass’n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga., 633 F.3d 1297, 1314 (11th Cir. 2011); Chavez v. Arte Publico Press, 204 F.3d 601, 607 (5th Cir. 2000); Flack v. Citizens Mem’l Hosp., No. 6:18-cv-3236, 2019 WL 108128, at *3 (W.D. Mo. Mar. 7, 2019); Reiner v. Canale, 301 ......
  • Why Open Source Licenses with a Commons Clause May Become Less Common
    • United States
    • Landslide Nbr. 12-2, November 2019
    • November 1, 2019
    ...Ass’n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga., 633 F.3d 1297, 1314 (11th Cir. 2011); Chavez v. Arte Publico Press, 204 F.3d 601, 607 (5th Cir. 2000); Flack v. Citizens Mem’l Hosp., No. 6:18-cv-3236, 2019 WL 108128, at *3 (W.D. Mo. Mar. 7, 2019); Reiner v. Canale, 301 ......
  • Patenting Nature
    • United States
    • Landslide Nbr. 12-2, November 2019
    • November 1, 2019
    ...Ass’n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga., 633 F.3d 1297, 1314 (11th Cir. 2011); Chavez v. Arte Publico Press, 204 F.3d 601, 607 (5th Cir. 2000); Flack v. Citizens Mem’l Hosp., No. 6:18-cv-3236, 2019 WL 108128, at *3 (W.D. Mo. Mar. 7, 2019); Reiner v. Canale, 301 ......
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