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.
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.
The court denied the motion asserting lack of standing, finding that the allegations could be cured by filing an amended complaint. The court also denied the motion to dismiss the claim of pre-suit willfulness, finding it plausibly alleged at this stage of the litigation.
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.
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.
Judge Starr granted the motion and administratively closed the case.
Judge Lynn is out of patience. The plaintiff has been moving to proceed without local counsel (NDTX requires local counsel) since February, and representing that there’s a settlement agreement. Plaintiff’s latest motion was denied – it has ten days to retain local, and the defendant has a week after that to respond to the amended complaint.
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.
In an order addressing a complex situation post partial reversal on appeal, Judge Lynn denied the motion to amend the judgment consistent with her prior opinion.
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.