Monthly Archives: July 2019

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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