Category Archives: Judge Fitzwater

Chief Judge Fitzwater Signs Letter to VP Biden on Devastating Effects of Sequestration

Posted on August 27, 2013 by Steven Callahan

On August 13, 2013, 87 federal district court Chief Judges, including Chief Judge Fitzwater, wrote to Vice President Biden expressing grave concern about the impact that flat funding of the last several years, followed by sequestration, is having on the … Continue reading →

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Chief Judge Fitzwater To Mark Cuban, Summary Judgment Denied, Prepare For Trial

Posted on March 10, 2013 by Steven Callahan

On March 5, 2013, Chief Judge Fitzwater denied Mark Cuban’s motion for summary judgment (decision available here) in the SEC’s case against Cuban. The SEC has brought a civil enforcement action against Cuban, alleging a misappropriation theory of insider trading. … Continue reading →

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Chief Judge Fitzwater Strikes Down Farmers Branch Election System

Posted on August 3, 2012 by Steven Callahan

On August 2, 2012, following a bench trial, Chief Judge Fitzwater, in Fabela v. City of Farmers Branch, Texas, entered an Order (available here) finding that the at-large system of electing members of the City Council of the City of … Continue reading →

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Seafood Supply Company Files Declaratory Judgment Trademark Infringement Lawsuit in the Northern District of Texas

Posted on July 12, 2012 by Steven Callahan

On July 11, 2012, Seafood Supply Company hit 1stdibs.com, Inc. with a declaratory judgment trademark infringement lawsuit (complaint available here).  Seafood Supply Company seeks a declaration that is has not, among other things, infringed 1stdibs.com’s federal trademarks nor committed unfair … Continue reading →

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Patent Infringement Litigation: Can You Keep A Case In The Eastern District of Texas?

Posted on July 8, 2012 by Steven Callahan

In the old days, once you rounded up patent infringers, you could (in nearly all cases) file a lawsuit in the Eastern District of Texas without much fear that it would be transferred out of the District.  After all, cases … Continue reading →

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Annual Judiciary Appreciation Luncheon To Occur On Friday, June 15, 2012

Posted on June 6, 2012 by Steven Callahan

Attorneys and support staff have been invited to attend the Annual Judiciary Appreciation Luncheon, which is sponsored by the Federal Bar Association and the Judiciary Committee of the Dallas Bar Association.  The Luncheon is scheduled for Friday, June 15, 2012, … Continue reading →

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Mark Cuban Files Motion to Compel Against the SEC

Posted on August 31, 2011 by Steven Callahan

On August 29, 2011, Mark Cuban filed a motion to compel (available here) requesting that the Court order the SEC to provide several categories of documents that, according to Mr. Cuban, have been improperly withheld.  Mr. Cuban states that, “[t]he … Continue reading →

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Patent Pilot Project Goes Into Effect On September 1, 2011; Judges Lynn, Godbey, And Kinkeade To Hear All Patent Cases

Posted on August 27, 2011 by Steven Callahan

Chief Judge Fitzwater recently entered Special Order No. 3-287 (available here).  The Order states that, when a patent case is filed in or transferred to the Northern District of Texas on or after September 1, 2011, the case will be … Continue reading →

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Chief Judge Fitzwater Strikes Mark Cuban’s Unclean Hands Defense in SEC Enforcement Action

Posted on July 20, 2011 by Steven Callahan

On July 18, 2011, in a thorough opinion (available here), Chief Judge Fitzwater agreed with the SEC that Mark Cuban’s unclean hands defense should be struck.  The SEC had instituted an enforcement action against Cuban, alleging that Cuban violated the … Continue reading →

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Four New Patent Cases Filed in the Northern District of Texas

Posted on June 6, 2011 by Steven Callahan

In the wake of the Fifth Circuit’s en banc decision in In re Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008), and the Federal Circuit’s decision in In re TS Tech USA Corp., 551 F.3d 1315 (Fed. Cir. … Continue reading →

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