Texarkana limines
We haven’t got Judge Craven much longer. So we need to enjoy her rulings while we still can.
Judge Caroline Craven
17 Page “Hotline” Order on Financial Info
Following entry of a preliminary injunction in this trademark case, the court dealt with production of financial information.
Discovery Sanctions Sought Against, um …
Are those hands clean? It turns out it matters.
Default & Default Judgment
Just when you thought it couldn’t get any worse, you find out your client’s had a default taken against them. What to do?
Stay Classy
It was a close call, but the report and recommendation concluded that the plaintiff stayed classy.
Groundhog Day in False Claims Act Case
It feels like a Monday again, so let’s look at another False Claims Act case. This is another report & recommendation adopted by the district judge which addressed five separate motions to dismiss the Relator’s First Amended Complaint. And they seem familiar, somehow.
Motion to Dismiss False Claims Act Complaint Granted in Part
This Monday’s False Claims Act case is a report & recommendation by a magistrate judge, adopted by the district judge, which addressed a motion to dismiss relator’s claims under the FCA’s first to file rule, and motions to dismiss under FRCP 12(b)(6) and FRCP 9, which implicated both normal and heightened standards of pleadings. No objections to the report were filed, thus the district court’s review was limited to plain error / manifest injustice, and it did not find any.
Hotline calls
One of the unique characteristics of the Eastern District’s 1991 CJRA Plan was the creation of a discovery hotline which allows litigants to get a ruling from a judge in real time on a discovery dispute. This latest ruling arises, as most do, from a dispute over whether a specific set of questions during a deposition was admissible.
Standing & The Risks of Not Having It
Standing is a necessary prerequisite for any case. This recent opinion by Judge Craven goes into detail on what actions do not confer standing, and are a good read if you have a standing issue – or hope you do (or don’t).