Author: Steven Callahan
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Fuel Tech Sues Panasia for Patent Infringement
On September 29, 2010, Fuel Tech, Inc. filed suit (pdf copy of the complaint here) against Panasia Co., accusing Panasia of committing patent infringement. The patent-in-suit is United States Patent No. 7,090,810, which relates to a process for reducing the NOx content in combustion gases expelled from a large-scale stationary combustor. Fuel Tech accuses Panasia of…
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Lawsuit Against Bryan Cave LLP Survives Motion to Dismiss
On September 27, 2010, Judge Boyle of the Northern District of Texas allowed two counts in plaintiffs’ amended complaint to go forward against Bryan Cave LLP and American Express Tax and Business Services (pdf copy of the decision here). The plaintiffs have sued Bryan Cave and American Express Tax and Business Services for “alleged negligent…
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EEOC Sues Monarch Dental for Sex Discrimination
On September 22, 2010, the EEOC sued Monarch Dental in the Northern District of Texas “to correct unlawful employment practices on the basis of sex and to provide relief” to two female Monarch Dental employees (pdf copy of complaint here). The EEOC’s complaint asserts that the “Lead Dentist” of Monarch Dental’s Burleson location subjected his…
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Magistrate Judge Lane (Retired)
Magistrate Judge Lane (retired) was born in San Angelo, Texas. His tenure on the bench began in 1971, as a part-time Magistrate Judge. In 2003, Judge Lane became a full-time Magistrate Judge. From 1969 until he became a full-time Magistrate Judge, Judge Lane practiced law in the law firm of Marshall, Hall, McLaughlin & Lane,…
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You Lose Some, You Win Some
Last week, we noted that the Fifth Circuit held that the SEC’s Complaint adequately stated a claim against Mark Cuban for insider trading. In that case, the SEC filed suit against Cuban in the Northern District of Texas, accusing him of insider trading. Last week, another decision came out relating to the Cuban case. This…
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Wal-Mart Wins Dismissal With Prejudice After Filing Successful Rule 12(b)(6) Motion
In a recent order (pdf copy here) in Salinas v. Wal-Mart Stores, Judge Lindsay granted Wal-Mart’s motion to dismiss. Salinas had sued Wal-Mart, claiming that she slipped and fell in one of Wal-Mart’s Dallas stores, and that Wal-Mart’s negligence was to blame. Wal-Mart’s motion to dismiss asserted that Salinas’ complaint failed to state a claim…
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Court Sentences Spoliator of Evidence to Two Years in Prison
Occasionally, we discuss non-Northern District of Texas cases of importance to litigators in federal court. The court’s recent decision (pdf copy here) in Victor Stanley v. Creative Pipe (D. Md.) is one that all litigators should be familiar with. The court’s decision is notable for at least six reasons. First, the Court found that the…
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Episcopal Diocese of Fort Worth Sues Reverend Jack Iker
On September 21, 2010, the Episcopal Diocese of Fort Worth (“EDFW”) filed a lawsuit in the Northern District of Texas against the Rt. Rev. Jack Leo Iker, who, according to EDFW, “withdraw from The Episcopal Church and pledged his allegiance to a different denomination.” EDFW claims that Rev. Iker is using EDFW’s service marks in…
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File Your Lawsuits Quickly
Judge Boyle, on September 16, 2010, entered a stay in Excentus Corp. v. The Kroger Co. Excentus filed its lawsuit in the Northern District against Kroger (asserting infringement of three patents relating to fuel rewards) two hours and six minutes after Kroger sued Excentus in the Southern District of Ohio (seeking a declaratory judgment with…
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Car Smart, Inc.’s Motion to Dismiss for Lack of Personal Jurisdiction Denied
Judge Fish, on September 20, 2010, denied Car Smart, Inc.’s motion to dismiss for lack of personal jurisdiction in Santander Consumer USA v. Car Smart. Santander is an Illinois corporation with its principal place of business in Dallas County. Car Smart is a Pennsylvania corporation with its principal place of business in Pennsylvania. After removing…