Motion To Transfer Denied

Judge Albright denied defendant Google’s motion to transfer.  He initially found “many discrepancies and vague assertions that appear to be unreliable” in Google’s venue declaration, after which he held an in-person hearing to have the declarants testify.  The court concluded that “based on that in person assessment of credibility, the court found the witnesses to be unreliable” for reasons specified in the opinion.

Motion to Dismiss/Transfer Denied

Judge Payne recommended denial of defendant Amazon’s motion to dismiss, finding that venue was proper based on the facts alleged for this stage of the lawsuit, noting that the defendant’s objections relied on disputed facts regarding the use of the accused products in the EDTX.  The court also rejected the claim that a forum selection clause require the case to be brought in Washington, and that venue was “clearly more convenient” there. 

Conflicts of Interest Waived … Mostly

Photo by Carol M. Highsmith

Ruling on the defendant’s objections to the magistrate judge’s order denying its motion to disqualify plaintiff’s counsel, Judge Schroeder noted that while the facts indicate an obvious conflict of interest, the defendant specifically waived most of the conflicts.

Attorneys Fees for Prevailing Defendant in Copyright Case

The prevailing defendant in this copyright case sought an award of fees under 17 U.S.C. § 505.  Judge Gilstrap’s opinion sorted through the claims and the parties’ alleged conduct in the case before finally determining the appropriateness of an award of fees, thus giving parties some guidance on when an award of fees in a copyright case is appropriate.

Motions to Dismiss Granted w/Leave to Replead; Motion to Transfer Denied

In this pair of opinions addressing motions by two defendants, Judge Gilstrap granted the motions to dismiss, but with leave to replead, denied a motion seeking to find the defendant’s US subsidiary a necessary party, and denied the motion to transfer.

East Texas – ABOTA Chapter Wins Chapter of the Year

I am ridiculously proud to recognize my East Texas chapter of the American Board of Trial Advocates for winning the large chapter of the year award last month at the National Board Meeting in Whistler, BC, Canada. (Why does ABOTA meet in Canada? Probably for the same reason Tex-ABOTA meets in Santa Fe – it’s too damn hot here). The small chapter award was taken home by the San Bernadino/Riverside chapter.

The chapter was represented at the meeting by ABOTA president Jennifer Doan of Texarkana, Curt Fenley of Nacogdoches and Jack Baldwin of Marshall. Oh, and Marshall Wood, also of Texarkana, who then forgot to bring the trophy to our fall social in Tyler last week.

The award is the outcome of several years of hard work by chapter presidents and members, and we are so, so thankful for all their work towards gaining this recognition for the good work our chapter does.

I continue to plug away at ABOTA committee work, all of which I am really enjoying. Jennifer just appointed me to a workgroup at the national level looking into the effect of AI on trial practice, and at the state level I chair Tex-ABOTA’s amicus brief committee, and have been fortunate to continue to be involved in the discussion of how Texas’ business courts are going to work when they begin operation next September.

Congratulations again!