Author Archives: Steven Callahan

Judge McBryde Sanctions Three Attorneys in Triple Tee

Posted on February 23, 2011 by Steven Callahan

Last month, Judge McBryde brought the hammer down in a 114-page opinion in a sanction proceeding against Triple Tee Golf, its principal, and three of its attorneys (opinion available here).  The result was not pretty: Triple Tee’s principal was found … Continue reading →

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Is the Plaintiff’s Choice of Venue a Factor in the Section 1404(a) Venue Analysis in the Northern District of Texas?

Posted on January 9, 2011 by Steven Callahan

We recently noticed the Court’s opinion in Wells Fargo Bank v. Bank of America (pdf copy of the decision here).  The opinion dealt with Bank of America’s motion to transfer venue pursuant to 28 U.S.C. § 1404(a).  Bank of America … Continue reading →

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Match.com Sued Again in the Northern District of Texas

Posted on January 9, 2011 by Steven Callahan

We blogged last fall about Match.com getting certain claims dismissed in a lawsuit asserting RICO, fraud, and breach of contract claims.  Now, Match.com has been sued again in the Northern District of Texas (pdf copy of complaint located here).  The … Continue reading →

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Amendments to the Federal Rules of Civil Procedure

Posted on December 4, 2010 by Steven Callahan

Effective December 1, 2010, Federal Rules of Civil Procedure 8, 26, and 56, and Illustrative Civil Form 52, were amended (pdf copy available here).  The most notable amendment, in our view, is the amendment to Rule 26, which, generally speaking, … Continue reading →

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Amendments to Northern District of Texas’ Local Rules

Posted on December 4, 2010 by Steven Callahan

Effective December 1, 2010, the Northern District of Texas amended Local Rules 56.3, 56.4, and 56.6, all of which deal with summary judgment.  The amendments apply to all proceedings in civil actions thereafter commenced and, insofar as just and practicable, … Continue reading →

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Mandatory Notice to Clients

Posted on November 28, 2010 by Steven Callahan

As a follow-up to yesterday’s post on the Texas Lawyer’s Creed, we thought we’d also note that Texas’ Government Code, Ch. 81, Sec. 81.079 requires that attorneys practicing law in Texas: [P]rovide notice to each of the attorney’s clients of … Continue reading →

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The Texas Lawyer’s Creed

Posted on November 27, 2010 by Steven Callahan

Now is a good a time as any to brush up on The Texas Lawyer’s Creed — A Mandate for Professionalism, which was adopted by the Supreme Court of Texas and the Court of Criminal Appeals in 1989 and still … Continue reading →

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When is Local Counsel Required?

Posted on November 26, 2010 by Steven Callahan

“Unless exempted by LR 83.11 [which deals with attorneys appearing on behalf of the United States Justice Department or the Attorney General of the State of Texas], local counsel is required in all cases where an attorney appearing in a case … Continue reading →

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How Must Attorneys Conduct Themselves at Trial or Hearings?

Posted on November 26, 2010 by Steven Callahan

“Unless the presiding judge otherwise directs, during a trial or hearing, attorneys must:  (a) stand when making objections or otherwise addressing the presiding judge; (b) use the lectern while examining or cross-examining witnesses; (c) when examining a witness, refrain from … Continue reading →

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Can Jurors be Contacted?

Posted on November 26, 2010 by Steven Callahan

Not without the presiding judge’s permission:  “A party, attorney, or representative of a party or attorney, shall not, before or after trial, contact any juror, prospective juror, or the relatives, friends, or associates of a juror or prospective juror, unless … Continue reading →

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