Motion to Transfer Venue Based on “First to File” Rule Granted

Of all the opinions Judge Hall authored while I clerked for him, Texas Instruments, Inc. v. Micron Semiconductor, Inc., 815 F. Supp. 994, 997 (E.D. Tex. 1993) seems to be the most-cited. While the case dealt with several issues, its central holding, that once the “substantial similarity” test is met, the “first-to-file” rule accords the first-filed court the responsibility to determine which case should proceed, was the part of the opinion cited again by Judge Gilstrap earlier this month in transferring a case.

Pretrial Conference Orders

Pretrial conference orders are usually like watching a golf game. Everything’s normal and quiet, but then once in a while suddenly a kraken comes out of the pond and seizes one of the golfers. Most of the time reading pretrial conference orders are about as exciting as watching golf too – but I keep reading anyway to see if something like the scene in this commercial happens. This order is the result.

Bread Pudding With Twiqbal

My wife and I organize our visits to New Orleans around food – specifically bread pudding.  If time permits, we’ll hit Palace Cafe for white chocolate bread pudding, Commander’s Palace (where we were engaged, by the way) for the bread pudding souffle, and BonTon for, um, whiskey garnished with a little bread pudding.  All good, but different.  Motions are like that too.  In the last month I’ve posted on Twiqbal decisions by Judges Payne, Mazzant and Albright, and a few weeks earlier, Judge Kernodle.  Today I have the same analysis but with its own unique flavor (perhaps honey?) from Judge Gilstrap.