Monthly Archives: September 2010

Magistrate Judge Lane (Retired)

Posted on September 30, 2010 by Steven Callahan

Magistrate Judge Lane (retired) was born in San Angelo, Texas.  His tenure on the bench began in 1971, as a part-time Magistrate Judge.  In 2003, Judge Lane became a full-time Magistrate Judge.  From 1969 until he became a full-time Magistrate … Continue reading →

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You Lose Some, You Win Some

Posted on September 29, 2010 by Steven Callahan

Last week, we noted that the Fifth Circuit held that the SEC’s Complaint adequately stated a claim against Mark Cuban for insider trading.  In that case, the SEC filed suit against Cuban in the Northern District of Texas, accusing him … Continue reading →

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Wal-Mart Wins Dismissal With Prejudice After Filing Successful Rule 12(b)(6) Motion

Posted on September 28, 2010 by Steven Callahan

In a recent order (pdf copy here) in Salinas v. Wal-Mart Stores, Judge Lindsay granted Wal-Mart’s motion to dismiss.  Salinas had sued Wal-Mart, claiming that she slipped and fell in one of Wal-Mart’s Dallas stores, and that Wal-Mart’s negligence was … Continue reading →

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Court Sentences Spoliator of Evidence to Two Years in Prison

Posted on September 27, 2010 by Steven Callahan

Occasionally, we discuss non-Northern District of Texas cases of importance to litigators in federal court.  The court’s recent decision (pdf copy here) in Victor Stanley v. Creative Pipe (D. Md.) is one that all litigators should be familiar with.  The … Continue reading →

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Episcopal Diocese of Fort Worth Sues Reverend Jack Iker

Posted on September 26, 2010 by Steven Callahan

On September 21, 2010, the Episcopal Diocese of Fort Worth (“EDFW”) filed a lawsuit in the Northern District of Texas against the Rt. Rev. Jack Leo Iker, who, according to EDFW, “withdraw from The Episcopal Church and pledged his allegiance … Continue reading →

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File Your Lawsuits Quickly

Posted on September 24, 2010 by Steven Callahan

Judge Boyle, on September 16, 2010, entered a stay in Excentus Corp. v. The Kroger Co.  Excentus filed its lawsuit in the Northern District against Kroger (asserting infringement of three patents relating to fuel rewards) two hours and six minutes … Continue reading →

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Car Smart, Inc.’s Motion to Dismiss for Lack of Personal Jurisdiction Denied

Posted on September 24, 2010 by Steven Callahan

Judge Fish, on September 20, 2010, denied Car Smart, Inc.’s motion to dismiss for lack of personal jurisdiction in Santander Consumer USA v. Car Smart.  Santander is an Illinois corporation with its principal place of business in Dallas County.  Car … Continue reading →

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Magistrate Judge Cureton

Posted on September 23, 2010 by Steven Callahan

Magistrate Judge Cureton became one of the Northern District’s magistrate judges in 2010.  He graduated from Baylor University in 1990 and Baylor University School of Law in 1993, where he was a member of the Baylor Law Review.  Following law … Continue reading →

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Judge Fish Remands Tran v. Citibank (For the Second Time)

Posted on September 23, 2010 by Steven Callahan

Judge Fish recently issued an order in Tran v. Citibank, sending the case back to state court for the second time.  The plaintiff, Dr. Tran, originally brought suit in state court claiming that Citibank failed to honor his decision to … Continue reading →

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Meeting and Conferring (Fully)

Posted on September 22, 2010 by Steven Callahan

Local Rule 7.1(a) requires that, “[b]efore filing a motion [with limited exceptions], an attorney for the moving party must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed.”  In Marshall d/b/a … Continue reading →

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