Disqualification Standards
This case analyzes a claim of a conflict of interest with a former client.
Beaumont
Warehouse fires and summary judgment
The plaintiff accused an employee of the defendant of burning down his warehouse, and the defendant moved for SJ on liability. Then did it again on standing and damages.
More EDTX trials
For those keeping count, another EDTX division has notched a live jury trial. Last week a Beaumont jury in Judge Truncale’s court rendered a verdict in a criminal case.
Too Much Water, Too Fast
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?
Subpoena Modified
Always good to see an order indicating when a subpoena crosses the line. Even if we did have to … wait for it.
New General Orders Assigning EDTX Civil and Criminal Actions
When your district gets two new judges in the same month you get – two new orders assigning civil & criminal actions, and not always just to the judges you’d expect.
Welcome to the bench Judge Truncale
Michael Truncale was sworn in to start work as the newest EDTX judge yesterday in Beaumont. (You can tell because the door says “judge” and he’s holding what appears to be a stack of Bibles)
Reassignment of EDTX Civil & Criminal Actions
Whenever the makeup on a district court’s bench changes, though retirements or the addition of new judges, the docket is reallocated. Last week saw a significant reallocation of the Eastern District’s cases due to the arrival on the bench of Judge Jeremy Kernodle in Tyler and changes in Senior Judge Ron Clark’s docket. I wanted to go through the changes and what they mean in the affected divisions.
No Retaliation Here
This case was filed as a collective action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. and also asserted individual claims for retaliation. It’s particularly useful because it addresses a motion for partial summary judgment as to the individual retaliation claim, and takes the form of a report & recommendation by the magistrate judge, which was affirmed by the district judge. I have attached both orders to the analysis below.
Judge Giblin and the Seven Dauberts
This case generated seven – count ’em seven – motions to strike or limit expert testimony, five by the plaintiff and two by the defendant. The report and recommendation by Judge Giblin provides a really useful analysis into the admissibility on common categories of expert testimony.