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

Motion Practice

February 26, 2020February 26, 2020 msmithExperts, Judge Amos L. Mazzant III, Sherman

We all feel like Elvis right after filing a motion. (It’s not just me, right?) But as Collin demonstrates, that look isn’t always what comes across to the court.

Tobacco seller’s obligations to make settlement payments affirmed

February 25, 2020February 25, 2020 msmithJudge J. Rodney Gilstrap, Marshall

And the concepts of “link rot” and “reference rot” make their debut.

Sea Wasp II – The Pleadings Strike Back

February 25, 2020February 25, 2020 msmithJudge Amos L. Mazzant III, Motions to Dismiss, Sherman, Summary Judgment

Sadly, this case isn’t about the second carrier USS Wasp (CV-18), but some may be interested in these FRCP 12 and 56 rulings anyway.

Motion for Stay Pending Mandamus Denied

February 25, 2020February 25, 2020 msmithVenue, WDTX Cases

Yes, they do this in Waco too.

Too Much Water, Too Fast

February 24, 2020February 24, 2020 msmithBeaumont, Judge Michael Truncale, Motions to Dismiss

The Sabine River is what keeps Texas from being part of Louisiana, so in general, more water is a good thing. But when it’s not, will Fed. R. Civ. P. 12(b)(1) prevent you from doing anything about it?

Class Action Allegations

February 20, 2020February 20, 2020 msmithClass Actions, Judge Amos L. Mazzant III, Sherman

Unfortunately this case involving Boeing doesn’t involve B-17s. But no case has everything.