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Month: February 2020

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.

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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.

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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.

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Motion for Stay Pending Mandamus Denied

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

Yes, they do this in Waco too.

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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?

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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.

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Disqualification

February 19, 2020February 19, 2020 msmithDisqualification, Judge J. Rodney Gilstrap, Marshall

Disqualification issues are not common, which makes the attached exposition of the law under these facts of interest.

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Summary judgment rulings in Judge Albright’s first patent trial

February 19, 2020February 19, 2020 msmithSummary Judgment, WDTX Cases

Assuming it goes to trial, of course, but it’s close enough now that the five summary judgment motions now have rulings.

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JMOL rulings, $200 mil remittitur, and a side of stay

February 18, 2020February 18, 2020 msmithDamages, JMOL rulings, Judge J. Rodney Gilstrap, Marshall

This order addresses the renewed motions for JMOL following the trial in this case, as well as a motion to stay pending reexam and a large remittitur.

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Briefing ordered on effect of In re Google

February 18, 2020February 18, 2020 msmithJudge J. Rodney Gilstrap, Marshall, Venue

The Court ordered briefing on agency relationships, whether a person was present, and whether a machine could be an agent. Basically, Season 1 of Picard.

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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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