Michael C. Smith's Eastern District of Texas Blog – News and Insights from The Eastern District of Texas

Personal jurisdiction

March 31, 2020March 31, 2020 msmithJudge J. Rodney Gilstrap, Marshall, Personal Jurisdiction

Well, the blue heron appears to be outside the jurisdiction of the pond today. The defendants couldn’t say the same thing after reading this order.

“This trial was not perfect. No trial is.”

March 31, 2020March 31, 2020 msmithExceptional Case award - 35 USC 285, Judge J. Rodney Gilstrap, Marshall

Section 285 orders aren’t quite as scary as they were a few weeks ago, but they’re still worth studying to see what conduct crossed the line.

New trial on remand

March 30, 2020March 30, 2020 msmithCOVID-19, Damages, JMOL rulings, Judge Amos L. Mazzant III, Sherman

I recall a district judge, who will remain nameless, once saying that he didn’t mind seeing the word “reversed.” It was the “and remanded” part that he hated. This case shows why.

Motion to Modify DCO, But With a Twist

March 30, 2020March 30, 2020 msmithCOVID-19, Judge J. Rodney Gilstrap, Marshall

Yes, we binged Daniel Craig Bond this weekend, but it provides a metaphor for this new twist on the usual COVID-19 order. Maybe we could call it a “Vesper” order …

First to file rule and personal jurisdiction

March 27, 2020March 30, 2020 msmithArcane Pleading Issues, Judge Amos L. Mazzant III, Sherman, Venue

This order resolved the dispute over the applicability of the first to file rule to a case where there was an issue regarding personal jurisdiction.

Shorter extension granted, for now

March 27, 2020March 27, 2020 msmithCOVID-19, Discovery, Judge J. Rodney Gilstrap, Marshall

The court granted one extension, but denied another, citing the rapidly changing landscape regarding COVID-19. Meanwhile, the azaleas are in bloom.