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Category Archives: Practice Tips
Should You Communicate With Your Opponent’s Employees Without Your Opposing Counsel’s Permission? Likely Not.
I know it’s technically allowed in some instances but I’ve never seen a situation where contacting your opponent’s employees directly (as opposed to, e.g., seeking their depositions) did any good. So I avoid it. The district court (S.D.N.Y.) recently issued … Continue reading
Posted in Non-N.D. Tex. Notable Decisions, Practice Tips, Sanctions
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E-Mail From Court to Court Coordinator, Instead of Signed Written Order, Is Sufficient to Trigger “Waiver Through Delay”
Things in Texas state court are a bit different from federal court. Take the Fifth District Court of Appeals’ decision In re Yamaha Golf-Car Company (available here). In the case, the trial court e-mailed her court administrator stating that the … Continue reading
Posted in Non-N.D. Tex. Notable Decisions, Practice Tips
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Always Local Counsel Up
If you file a Complaint in a court you’re not admitted in, you’re risking an Order to Show Cause why the Complaint shouldn’t be considered a nullity. Motto of story: retain local counsel to file the Complaint, then get yourself … Continue reading
Posted in Non-N.D. Tex. Notable Decisions, Practice Tips
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Check Your Junk Mail
A lot of things in the practice of law are fixable. Miss responding to requests for production or interrogatories by a couple of days? Not good, but in the end, probably no big deal. But miss filing a notice of … Continue reading
Posted in Fifth Circuit Court of Appeals, Practice Tips
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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”
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
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Fifth Circuit Reminds Litigants: Where A Witness Is Available, The Witness Must Testify At Trial Live (Not By Deposition)
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
Posted in Fifth Circuit Court of Appeals, Practice Tips
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Another Spectacular Redaction Fail
As reported previously (see, e.g., here, here, here, and here), Paul Manafort’s lawyers did a bad job redacting a pleading in his criminal case. The pleading is available here. Starting on page 5 are numerous redactions. If you highlight the … Continue reading
Posted in Practice Tips
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Judge Kinkeade Denies Special Master Costs in SAP v. InvestPic
On September 11, 2017, Judge Kinkeade entered an Order in SAP v. InvestPic (available here). The Order denied SAP’s request to include in the Court’s award of costs the costs incurred by SAP related to the appointment of the case’s … Continue reading
Posted in Judge Kinkeade, Practice Tips
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Will Martin Shkreli’s Letter “Hoping to See Four Children Homeless” Send Him to Prison?
Long ago, someone told me to assume everything you write will end up on the front page of the New York Times, and someone else (likely my mother) told me, “if you don’t have anything nice to say, don’t say … Continue reading
Posted in Practice Tips
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Two Practice Tips
I recently came across two (non-N.D. Tex.) decisions, both involving the same well-known defendant. The decisions highlight two useful reminders. First, be sure to study the applicable local rules and any presiding judge’s individual rules of practice. In the first … Continue reading
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