Skip to content
Michael C. Smith's Eastern District of Texas Blog
Login

Forget password? | Not a member? Sign up here.
Signup
  • Home
  • About
  • Contact
  • EDTEXWEBLOG
  • TEXIPLAWBLOG
    • EDTX IP
    • NDTX IP
    • SDTX IP
    • WDTX IP
      • WDTX – Austin
      • WDTX – Waco
  • Legal Topics
    • Alternative Service
    • Amending Patent Contentions
    • Arbitration
    • Arcane Pleading Issues
    • Attorney Fees
    • Claim Construction
    • Class Actions
    • Copyrights and Trademarks
    • Court Costs
    • COVID-19
    • Cybersecurity
    • Damages
    • Design Patents
    • Discovery
    • Disqualification
    • Employment Law
    • Enhanced Damages – 35 USC 284
    • Exceptional Case award – 35 USC 285
    • Experts
    • Extensions/Continuances
    • Fair Labor Standards Act
    • False Claims Act
    • Federal Circuit Opinions
    • Indefiniteness
    • Inequitable Conduct
    • Injunctive Relief
    • Intervention
    • IPR
    • JMOL / Postverdict Motion Rulings
    • Jury instructions
    • Marking
    • Motions to Dismiss
    • Mediation
    • Multidistrict Litigation (MDL)
    • Patent Litigation
    • Personal Jurisdiction
    • Protective Orders
    • Removal & Remand
    • Sanctions
    • Stays
    • Summary Judgment
    • Trade Secrets
    • Unpatentable – 35 USC 101
    • Venue
    • Verdicts
    • Willful infringement
  • EDTX Judges
    • Judge J. Rodney Gilstrap
    • Judge Marcia A. Crone
    • Judge Amos L. Mazzant III
    • Judge Robert W. Schroeder III
    • Judge Jeremy Kernodle
    • Judge J. Campbell Barker
    • Judge Sean D. Jordan
    • Judge Ron Clark
    • Judge Richard Schell
    • Judge Caroline Craven (USMJ)
    • Judge Keith F. Giblin (USMJ)
    • Judge Zack Hawthorn (USMJ)
    • Judge John D. Love (USMJ)
    • Judge K. Nicole Mitchell (USMJ)
    • Judge Roy S. Payne (USMJ)
    • Judge Kimberley Priest Johnson (USMJ)
    • Judge William Bryson (CAFC)
  • EDTX News
    • EDTX General Orders
  • EDTX Divisions
    • Beaumont
    • Lufkin
    • Marshall
    • Sherman
    • Texarkana
    • Tyler
  • Commentary
    • Baylor Litigation Management LL.M.
    • Book Reviews
    • EDTX Throwback Posts
    • Texas IP Law Roundup with Michael Smith – BCLT
    • Law Office Management
    • Papers/Seminar Presentations
    • Social Media

Disqualification

Order Denying Motion To Change Lead Counsel

December 20, 2022December 20, 2022 msmithDisqualification, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG


The court’s order set out its expectations of lead counsel in a patent case, and laid out the potential consequences of a late change in designation. (Lead is the one on the left – second chair always has that weird look, don’t they?)

Read more

Counterclaim Defendants Disqualified

November 17, 2022November 17, 2022 msmithDisqualification, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Judge Payne granted the motion, and ordered that the individuals be screened off from certain communications with the plaintiffs.

Read more

Motion To Disqualify Counsel

September 14, 2022September 14, 2022 msmithDisqualification, TEXIPLAWBLOG, WDTX, WDTX Cases

Plaintiff sought to disqualify defendant’s counsel because it had represented plaintiff in acquiring the patent in suit.

Read more

Plaintiff’s Lawyer Marries Defendant – Disqualification Motion Ensues

September 9, 2021September 9, 2021 msmithDisqualification, TEXIPLAWBLOG, WDTX, WDTX - Austin

That might actually be a typo since the groom is later identified as a plaintiff.  Still, interesting facts on what such a motion needs.

Read more

Disqualification and Stay Pending IPR

December 17, 2020December 17, 2020 msmithDisqualification, SDTX, Stays, TEXIPLAWBLOG

U.S. Custom House, Houston, Texas – Photo: Carol M. Highsmith

Two perennial issues of interest in this order.

Read more

Expert Disqualification

November 9, 2020November 9, 2020 msmithDisqualification, EDTEXWEBLOG, EDTX IP, Experts, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

The question presented was whether a prior consultation disqualified an expert.

Read more

MTD and DQ Shots Fired in NRA Case

September 30, 2020February 15, 2021 msmithDisqualification, Motions to Dismiss, NDTX, TEXIPLAWBLOG

Photo by Bjoertvedt – CC 3.0

This dispute between the National Rifle Association and its former PR agency has already spun off these Rule 12 and pair of disqualification orders.

Read more

Disqualification

September 15, 2020September 15, 2020 msmithDisqualification, SDTX, TEXIPLAWBLOG

This case required analysis of the rule that an attorney cannot be an advocate and witness in the same litigation.

Read more

Disqualification Standards

August 20, 2020August 28, 2020 msmithBeaumont, Disqualification, EDTEXWEBLOG, Judge Marcia A. Crone

This case analyzes a claim of a conflict of interest with a former client.

Read more

Page limits & disqualification

August 6, 2020August 28, 2020 msmithDisqualification, TEXIPLAWBLOG, WDTX, WDTX Cases

This phone hearing before Judge Albright addressed motions to enlarge page limits as well as a motion to disqualify counsel.

Read more

Posts navigation

Older posts

Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20+ years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
Read More

Subscribe & Follow

  • Follow on LinkedIn
  • Subscribe via RSS
  • E-Mail Me

Archives

  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • Home
  • About
  • Contact

113 East Austin Street | Marshall, TX 75670 | (903) 938-8900 | michael.smith@solidcounsel.com

Privacy Policy | Disclaimer | © Michael C. Smith