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Month: January 2020

Late-filed motion means … ?

January 31, 2020January 31, 2020 msmithExperts, Judge Roy S. Payne (USMJ), Marshall

More news for the procrastinator community (we know who we are).

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Late-filed summary judgment evidence means …?

January 30, 2020January 30, 2020 msmithJudge Amos L. Mazzant III, Sherman, Summary Judgment

No, this is isn’t the right Sherman courthouse, but let’s look at a different building for a change as we ponder late-filed SJ evidence.

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Local students get a lesson in the justice system

January 30, 2020January 30, 2020 msmithCourt News, Marshall

Robin Richardson of the Marshall News Messenger has the story on a local high school class’ visit to Judge Gilstrap’s courtroom in Marshall.

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Determining “clearly more convenient”

January 28, 2020January 28, 2020 msmithJudge J. Rodney Gilstrap, Marshall, Venue

After going through the relevant factors and facts, Judge Gilstrap set forth the applicable test and concluded that the standard for transfer was not met.

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Indefinite

January 27, 2020August 28, 2020 msmithClaim Construction, TEXIPLAWBLOG, WDTX Cases

Doris Miller

The term “indefinite” describes two things in Waco this month. First, when the new nuclear carrier named for Waco’s Pearl Harbor hero Doris Miller will enter service, and second, 2/3 of the claim terms in this case.

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Swapping out parties

January 27, 2020January 27, 2020 msmithArcane Pleading Issues, Judge J. Rodney Gilstrap, Marshall

Often an agreement is made to swap out related defendants in a case. This somewhat less exciting practice usually contains certain provisions such as those set out in this order.

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Interesting arguments

January 27, 2020January 27, 2020 msmithJudge Amos L. Mazzant III, Sherman

Orders denying relief are sometimes more informative than orders granting them. This order denying removal of a trustee but noting an “interesting argument” is a good example.

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Fresh legal pad

January 24, 2020January 24, 2020 msmithCommentary

Never forget that if you’re having to get a fresh legal pad, it means someone, somewhere, still wants your help with their case. A fresh cup of coffee, on the other hand, means nothing.

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U.S. Bankruptcy Judge Vacancy – EDTX – Tyler

January 24, 2020January 24, 2020 msmithCourt News

The Fifth Circuit is seeking applications from candidates for a 14-year appointment as a U.S. Bankruptcy Judge for the EDTX at Tyler. The Public Notice can be found here.

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Reconsideration?

January 24, 2020January 24, 2020 msmithJudge Jeremy Kernodle, Summary Judgment, Tyler

Motions for reconsideration don’t have a high success rate, and this one is no exception.

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Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20+ years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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