With the prevalence of arbitration agreements, it’s always worth looking ate recent opinions on the subject of whether arbitration can be compelled or not.
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.
This order resolves a number of summary judgment motions on breach of contract claims arising out of an employment relationship. The facts are bespoke, so I won’t go through them, but the analysis may be of interest if you’re itching to have a court resolve contract issues.
It’s a short order, but if I had an order that said “[i]n its well-researched and written motion” about my motion, I’d be puffed up like a toad. Well, at least until I got to the part that it was denied anyway.
Courts costs isn’t an area you can develop much expertise in unless you go to trial a lot. Otherwise, the subject matter knowledge evaporates by the next time you need it, and you have to relearn it. That’s why orders like the attached are helpful, because they provide a current summary of the relevant caselaw, including the evergreen issue of which deposition-related costs are taxable.
Back on February 5, I posted on Judge Mazzant’s January 16 decision concluding that the Texas Anti-SLAPP statute did not apply in federal court. This afternoon Westlaw published a report and recommendation by a magistrate judge issued the day before which granted an Anti-SLAPP motion. When I checked to see if it was still in effect, I saw that it had been withdrawn, but had generated a show cause order and a flurry of briefing that I thought readers might be interested in regarding counsel’s duty of candor to the court.
Back across the street yesterday for scheduling conferences in patent cases, followed by scheduling conferences in everything else. The cases discussed below are for Judge Gilstrap’s share of the Marshall patent docket, as well as the Lufkin patent docket and one Sherman patent case.
This is a Markman ruling that concluded that a claim term was indefinite. The Court set forth the current standards for such an argument before concluding that the term had been shown by clear and convincing evidence to be indefinite in light of the court’s other constructions. The opinion also addresses several times the argument that a claim term should be given its plain meaning, and provides a good set of examples for when this argument will be accepted.
Section 101 motions asserting lack of patentable subject matter are sometimes brought as motions for judgment on the pleadings under FRCP 12(c). After reading this order, I think I might reconsider whether that’s a good idea.
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.