“Whale Fall”Default Judgment Treatise

I usually don’t post on default judgment orders because there’s usually not a lot of meat on those bones. This order is different and more analogous to a “whale fall”, where a fallen whale carcass provides a sudden, concentrated food source for organisms in the deep sea. In this action alleging violations of the Fair Debt Collection Practices Act and the Texas Debt Collection Act Judge Mazzant goes through the standards for default and whether they are met, including the requirement that there be a sufficient basis in the pleadings for the judgment. So there’s a substantive analysis in there of what both statutes require. As a bonus, the court goes on to award statutory damages ($600 for each of the two defendants), attorneys fees ($10,480), costs (402) and enter an injunction. So you get the law and application of the law to facts on these subjects as well in this 22 page opinion.

U.S. District Judge Amos Mazzant III Named 2024 Jurist of the Year by Tex-ABOTA

I am happy to report that the EDTX’ own Judge Amos Mazzant has been named as the recipient of Tex-ABOTA’s 2024 Jurist of the Year award. Judge Mazzant was nominated by the East Texas chapter, and while I mistakenly stated when presenting his nomination in Fort Worth Saturday that he was also nominated by the Dallas chapter, they corrected the record by stating (incorrectly) that they had “co-nominated” him. Whatever. The important thing is that Dallas supported him as well. Congratulations to Judge Mazzant!

Freedom!

Freedom to litigate in Texas is more like it. Judge Mazzant denied the defendants’ motion to transfer Freedom Patents’ case to Colorado, finding two factors weighed against transfer, one factor weighs very slightly against transfer, and five factors were neutral. “Finding no factors weigh toward transfer,” he concluded, “the Court finds DISH has not met its burden to demonstrate that the District of Colorado is clearly more convenient, and the Court declines to transfer this case to the District of Colorado.”

Patent Plaintiff Verdict in EDTX – Sherman

A Sherman jury in Judge Mazzant’s court found for the plaintiff, a subsidiary of SkyBell Technologies, yesterday in a patent case dealing with home security. It found all three asserted claims infringed, to willfully, and none invalid (nor did it find for the defendant on the 101 factual predicate question). It awarded $45,418,641.70.