On the surface, it just says it’s a ruling on a motion to dismiss, or in the alternative to transfer venue, but under that plain exterior lurks a detailed analysis of the defenses of personal jurisdiction (which is not, repeat NOT what you were taught in law school) , improper venue under the general venue statute (and how to throw it away), and a motion to transfer under Section 1404.
So while it’s not exactly everything you need to know about these motions – it’s not the Magna Charta of venue law as Judge Heartfield once (well, maybe more than once) described his magnus opus Mohamed v Mazda, it’s still a thorough and useful recitation of the applicable standards.
Many years ago when I was asked to prepare my first federal update paper, I called my federal courts professor from law school and asked him what people want to hear in a federal update. He didn’t hesitate. “Removal and remand.” Why? “Most lawyers don’t know anything about federal court and don’t want to be there. The thing they want to know is how to get out.” So it’s always good to keep a few recent decisions on motions to remand handy, in case you fall into that category. This recent opinion by Judge Mazzant fits the bill nicely, as it addresses a requirement few think about.
Defendants in this case filed a Motion for Summary Judgment on Statute of Limitations, Preemption, and Preclusion. Magistrate Judge Craven recommended that the motion be denied with two exceptions, and Judge Mazzant addressed the objections in the attached order.
I usually don’t post cases that involve pro se parties or motions that aren’t opposed, but the Court’s analysis of this motion to compel arbitration is a helpful summary of the necessary analysis on whether to enforce an arbitration clause contained in a contract, and when a court may appoint an arbitrator.
Motions to disqualify counsel are not common in civil litigation locally, and motions based not on conflicts but on counsel’s conduct in litigation are even rare. This order from Judge Mazzant addresses this issue in a case where the attorneys’ conduct in the case was at issue.
I’m sorry – I just can’t hear about a court “sitting in equity” without wondering whether everyone needs to reach in their briefcase and find their wigs. (I realize a few may already have them on, and guys, your secret – such as it is – is safe with me). That’s probably not quite what it looked like in Judge Mazzant’s courtroom in Sherman when he pressed “enter” to paste his electronic signature on the opinion in this interesting Lanham Act case dealing with remedies. But a good exposition of the law is always welcome, so let’s see what happened here.
Today’s post celebrates the Cowboys defense’s “lites out” performance yesterday against Kansas City (okay, aside from one play) with an examination of some interesting holdings with respect to an improper venue motion in an EDTX case involving a party named … Lites Out. (I live for this stuff – you know that).
My new favorite verdict form is the one from this case, where the foreperson wrote in “no infringement”. Alas for the defendants, they wrote in $15 million in damages and $2 million on attorneys fees on the rest of the claims, as detailed below.
There are not a lot of personal jurisdiction cases since Daimler AG v. Bauman that provide a current analysis of the law on personal jurisdiction challenges, so this recent opinion from the EDTX is useful for those wanting to update their standards.
The other Sherman holding of interest outside the litigation world recently was Judge Mazzant’s ruling invalidating the Obama administration’s rule expanding overtime protections for white collar workers, discussed below.