Author Archives: Steven Callahan

Check Your Junk Mail

Posted on August 4, 2019 by Steven Callahan

A lot of things in the practice of law are fixable. Miss responding to requests for production or interrogatories by a couple of days? Not good, but in the end, probably no big deal. But miss filing a notice of … Continue reading →

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Client: “The Defendants Owe Me a Bunch of Money. Let’s File Suit and Freeze Their Assets” Attorney: “That’s Not the Way It Typically Works”

Posted on July 21, 2019 by Steven Callahan

On April 12, 2019, the Fifth District Court of Appeals issued its decision in RWI Construction v. Comerica Bank (available here). The trial court granted Comerica Bank’s request for a temporary injunction enjoining defendants from dissipating certain funds that had … Continue reading →

Posted in Injunctions, Non-N.D. Tex. Notable Decisions, Practice Tips | Comments Off on Client: “The Defendants Owe Me a Bunch of Money. Let’s File Suit and Freeze Their Assets” Attorney: “That’s Not the Way It Typically Works”

Federal Circuit Upholds District Court’s Vacating Of Judgment In View Of Later Decision Invalidating Patent

Posted on July 21, 2019 by Steven Callahan

On February 1, 2019, the Federal Circuit issued its decision (available here) in Prism Technologies v. Sprint Spectrum. The case raises the question of what happens where: (i) a plaintiff obtains a jury verdict/judgment that is affirmed on appeal at … Continue reading →

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Fifth Circuit Reminds Litigants: Where A Witness Is Available, The Witness Must Testify At Trial Live (Not By Deposition)

Posted on July 21, 2019 by Steven Callahan

On January 11, 2019, the Fifth Circuit issued a decision (available here) in Swearingen v. Gillar Home Heath Care. The Fifth Circuit found that the district court abused its discretion when it permitted a key witness to testify by deposition—rather … Continue reading →

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Texas Supreme Court: Feel Free to Deny Those Case-Dispositive Requests for Admission Without Fear of Sanctions

Posted on July 1, 2019 by Steven Callahan

As a young attorney, I loved requests for admission. Right out of the gate, I’d serve a bunch of them asking my opponent to admit that they had no case and hope that the opponent’s counsel would forget to timely … Continue reading →

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Texas Supreme Court Holds that Conspiracy Cause of Action Has Same Statute of Limitations As Underlying Tort, Not Invariably a Two-Year Statute of Limitations

Posted on July 1, 2019 by Steven Callahan

Until April 5, 2019, every Texas court of appeals considering what statute of limitations applied to a conspiracy claim got it wrong. So holds the Texas Supreme Court in Agar Corp. v. Electro Circuits International (available here). In Agar, the … Continue reading →

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Texas Supreme Court Issues Important Guidance for Proving Up Claim for Attorney’s Fees—TLDR: Keep Detailed Time Records

Posted on July 1, 2019 by Steven Callahan

On April 26, 2019, the Texas Supreme Court issued its opinion in Rohrmoos Venture v. UTSW DVA Healthcare (available here). The case has importance guidance concerning attorney’s fees under Texas law. Notable points include: When seeking attorney’s fees, a claimant … Continue reading →

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Supreme Court Holds That IPRs Are Not Available To The Government

Posted on June 16, 2019 by Steven Callahan

On June 10, 2019, the Supreme Court issued its 6-3 decision in Return Mail, Inc. v. United States Postal Service (decision available here). The American Invents Act of 2011 created the Patent Trial and Appeal Board, and allowed three new … Continue reading →

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Federal Circuit Finds That States’ Patents Are Subject To IPRs, Rejecting Sovereign Immunity Defense

Posted on June 16, 2019 by Steven Callahan

On June 14, 2019, the Federal Circuit issued its decision in Regents of the University of Minnesota v. LSI Corp. (available here). The Federal Circuit found that “state sovereign immunity does not apply to” inter partes review proceedings, as the … Continue reading →

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Another Decision Holding That Section 285 Attorney’s Fees Are Not Available From A Party’s Counsel (And Also Finding That Folks Don’t Go To Jail For Failing To Pay Debts)

Posted on June 16, 2019 by Steven Callahan

The Eastern District of Texas’ Magistrate Judge Payne, on June 5, 2019, issued a decision in My Health, Inc. v. ALR Technologies, Inc. (available here), finding that 35 U.S.C. § 285 does not allow an award of attorney’s fees against … Continue reading →

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