New trial on remand
I recall a district judge, who will remain nameless, once saying that he didn’t mind seeing the word “reversed.” It was the “and remanded” part that he hated. This case shows why.
Judge Amos L. Mazzant III
First to file rule and personal jurisdiction
This order resolved the dispute over the applicability of the first to file rule to a case where there was an issue regarding personal jurisdiction.
Motion Practice
We all feel like Elvis right after filing a motion. (It’s not just me, right?) But as Collin demonstrates, that look isn’t always what comes across to the court.
Sea Wasp II – The Pleadings Strike Back
Sadly, this case isn’t about the second carrier USS Wasp (CV-18), but some may be interested in these FRCP 12 and 56 rulings anyway.
Class Action Allegations
Unfortunately this case involving Boeing doesn’t involve B-17s. But no case has everything.
Chaos and summary judgment
12 motions for summary judgment – 11 granted in part, and one denied in toto, with some observations on how to avoid chaos at the SJ stage.
Late-filed summary judgment evidence means …?
No, this is isn’t the right Sherman courthouse, but let’s look at a different building for a change as we ponder late-filed SJ evidence.
Interesting arguments
Orders denying relief are sometimes more informative than orders granting them. This order denying removal of a trustee but noting an “interesting argument” is a good example.
Much Ado About Nothing
In this case, eleven motions to dismiss. (But isn’t Kenneth Branagh a handsome, handsome man?)
Service, Please
How to serve a foreign defendant by mail from the clerk’s office. When you need to know if you can do this, you really need to know.