Category Archives: Judge Cummings

Make Sure to Follow The Local Rules Or Risk Having Your Motion Denied

I recently came across an interesting Order from Senior Judge Sam Cummings in Medshare Technologies, Inc. v. Commonwealth Capital Corp. (available here). Defendants filed a Motion to Strike, for More Definite Statement, and Motion to Dismiss for Failure to State … Continue reading

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Judge Cummings to Take Senior Status

It has been announced that Judge Cummings intends to take senior status on January 1, 2015. He has served 27 years, having been appointed by President Regan in 1987. The San Agenlo Standard-Times’ article on Judge Cummings’ announcement can be … Continue reading

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Judge Cummings Issues Findings of Fact and Conclusions of Law In Hunn v. Dan Wilson Homes

On January 29, 2014, Judge Cummings issued an Order (available here) resolving the parties’ claims and defenses in Hunn v. Dan Wilson Homes. Among other things, Judge Cummings found in favor of Defendants on Plaintiff’s copyright infringement claim, such that Defendants … Continue reading

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Federal Inmates Pleads Guilty to Threatening Judge Cummings

On January 31, 2013, a federal inmate pled guilty to mailing a threatening communication to Judge Cummings, which expressed unhappiness with the inmate’s incarceration. The inmate faces a 10 year jail sentence and a $250,000 fine. More details are available … Continue reading

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Fifth Circuit Rejects NRA’s Challenge To Federal Law Banning Sale Of Handguns By Federal Dealers To 18-21 Year Olds

On October 25, 2012, the Fifth Circuit upheld Judge Cummings’ decision that rejected the National Rifle Association’s attempt to invalidate the federal law that bans the sale of handguns by federal dealers to 18-21 year olds. A copy of the … Continue reading

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BMI/Sony Sue Wild West Lubbock For Copyright Infringement

On August 23, 2012, BMI and Sony (as well as other related plaintiffs) filed a lawsuit (available here) in the Northern District of Texas alleging that Wild West Lubbock committed willful acts of copyright infringement due to its “unauthorized public … Continue reading

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Judge Cummings Rejects Second Amendment Challenges

Nearly two years ago, our very first post covered a Second Amendment challenge to the federal law banning the sale of handguns by federally licensed dealers to 18-20 year olds.  Judge Cummings has ruled in that case, as well as a … Continue reading

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Diego’s Burritos Files Trademark Infringement Lawsuit in the Northern District of Texas

On November 19, 2010, Diego’s Burritos filed a lawsuit against Christian Taylor Gomez d/b/a Diego’s in the Northern District of Texas (pdf copy of the complaint located here).  Diego’s Burritos claims that Gomez has infringed its Diego’s Burritos trademark by … Continue reading

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Abilene Christian University Files Copyright Action in the Northern District of Texas

On October 18, 2010, Abilene Christian University filed a declaratory judgment copyright action in the Northern District of Texas (pdf copy of the complaint in Abilene Christian University  v. Ewing found here).  Abilene Christian claims that it hired Gerald Ewing, … Continue reading

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Judge Cummings

Judge Cummings was born in Lubbock, Texas.  He became one of the Northern District of Texas’ Judges after being appointed in 1987 by President Reagan. Judge Cummings graduated from Texas Tech University (with a B.B.A.) in 1967, and received his … Continue reading

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