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Monthly Archives: September 2010
5th Circuit Reinstates SEC’s Complaint Against Mark Cuban
In July 2009, Chief Judge Fitzwater of the Northern District of Texas dismissed the SEC’s insider trading complaint against Dallas resident (and owner of the Dallas Mavericks) Mark Cuban, finding that the SEC had not adequately alleged that Cuban undertook … Continue reading
Posted in Fifth Circuit Court of Appeals, Judge Fitzwater
Tagged Mark Cuban
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“When You Find Yourself In a Hole, Stop Digging”
Those words come from Judge Lindsay’s recent Order in EsNtion Records v. TM Studios, where Judge Lindsay took up the issue of whether to sanction EsNtion’s attorney for failure to notify the Court that her client had declared bankruptcy. The … Continue reading
Posted in Attorney's Fees, Judge Lindsay
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IonLoop Sues Colantotte International for Declaratory Judgment of Patent Invalidity
On September 17, 2010, IonLoop filed a lawsuit in the Northern District of Texas against Colantotte International. The lawsuit requests a declaratory judgment that U.S. Patent No. 6,913,663 is invalid, unenforceable and not infringed by IonLoop. IonLoop also claims that … Continue reading
Posted in Judge Lindsay, New Lawsuits Filed
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Don’t Mess With D Magazine
That’s the message coming through loud and clear in a trademark lawsuit filed on September 9, 2010 by D Magazine against Defendants Edwin Bedford, Bob Johnson, and Associated Capital Services, Inc. D Magazine claims that Defendants, doing business as “D Moving,” … Continue reading
Posted in Judge Fitzwater, New Lawsuits Filed
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Magistrate Judge Toliver
Magistrate Judge Toliver is one of the Northern District’s Magistrate Judges. A graduate of Howard University, she received her juris doctor from the University of Texas School of Law in 1984. Following her graduation from law school, she served as … Continue reading
Posted in Magistrate Judge Toliver
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Northern District Magistrate Judge Profiles
The Northern District has nine Magistrate Judges. Over the next couple of weeks, we’ll be profiling these judges, beginning with Magistrate Judge Toliver. You can also access information about the Northern District judges on the following page.
Posted in Magistrate Judge Toliver
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Dondi Turns 22
It has been 22 years since the Northern District sat, en banc, to issue its opinion in Dondi Properties Corp. v. Commerce Savs. & Loan Ass’n, 121 F.R.D.284 (N.D. Tex. 1988) (en banc). The case, which has been cited nearly … Continue reading
Posted in Dondi, Judge Cummings (Ret.), Judge Fish, Judge Fitzwater, Judge Maloney (Ret.), Judge Robinson (Ret.)
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Johnson v. Randall’s Food Markets Case Remanded, Attorney’s Fees and Costs Awarded
On September 13, 2010, Magistrate Judge Toliver, in Johnson v. Randall’s Food Markets, issued an order remanding the case to Dallas County Court of Law No. 3. Judge Toliver found that the defendants (who were diverse from the plaintiffs) failed … Continue reading
Posted in Attorney's Fees, Magistrate Judge Toliver
Tagged remand, removal
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5th Circuit Vacates Sanctions Against Susman Godfrey Attorney
On September 13, 2010, a panel of the Fifth Circuit Court of Appeals, in Positive Software Solutions v. New Century Mortgage Corp. (5th Cir. 2010), vacated a $10,000 sanction imposed on an attorney at Susman Godfrey by Judge Godbey. Judge … Continue reading
Posted in Judge Godbey (Chief Judge), Sanctions
Tagged Sanctions
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Second Amendment Challenge Filed in the Northern District
On September 8, 2010, the National Rifle Association filed, in the Northern District of Texas, a challenge to the federal law banning the sale of handguns to 18-20 year olds by federally licensed dealers. The challenge comes in the wake … Continue reading
Posted in Judge Cummings (Ret.), New Lawsuits Filed
Tagged Second Amendment
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