Category Archives: Sanctions

Should You Communicate With Your Opponent’s Employees Without Your Opposing Counsel’s Permission? Likely Not.

Posted on April 16, 2020 by Steven Callahan

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 | Comments Off on Should You Communicate With Your Opponent’s Employees Without Your Opposing Counsel’s Permission? Likely Not.

What Not To Do When The Court Dismisses Your Case With Prejudice

Posted on February 27, 2020 by Steven Callahan

A lesson from W.D. Tex.’s Judge Albright: After the Court dismisses your claims with prejudice, the proper course of action is to file a notice of appeal, not a notice of dismissal without prejudice. Otherwise, expect to be ordered to … Continue reading →

Posted in Attorney's Fees, Sanctions | Comments Off on What Not To Do When The Court Dismisses Your Case With Prejudice

Judge Kinkeade Strikes Pleadings Requesting $40 Million In Attorney’s Fees As Discovery Sanction

Posted on October 27, 2018 by Steven Callahan

On June 27, 2018, Judge Kinkeade issued a post-trial Order in Zenimax v. Oculus (available here). The Court had previously entered orders requiring the Plaintiffs to produce certain documents relating to their financial status and business valuations, including an order … Continue reading →

Posted in Attorney's Fees, Judge Kinkeade, Sanctions | Comments Off on Judge Kinkeade Strikes Pleadings Requesting $40 Million In Attorney’s Fees As Discovery Sanction

Former Dallas Cowboy Deion Sanders Sanctioned, Ordered To Show Cause in N.D. Tex. Qui Tam Case

Posted on September 6, 2017 by Steven Callahan

On August 11, 2017, Magistrate Judge Ramirez sanctioned former Dallas Cowboys player Deion Sanders and ordered him to show cause in a qui tam case brought against Sanders. In the sanctions Order (available here), Judge Ramirez noted that Sanders failed … Continue reading →

Posted in Magistrate Judge Ramirez, Sanctions | Comments Off on Former Dallas Cowboy Deion Sanders Sanctioned, Ordered To Show Cause in N.D. Tex. Qui Tam Case

Magistrate Judge Toliver Sanctions Defendant $7,500 And Precludes Testimony For Failure To Appear For Deposition

Posted on August 14, 2017 by Steven Callahan

On August 8, 2017, Magistrate Judge Toliver issued an Order (available here) in National Urban League v. Urban League of Greater Dallas & North Central Texas. The Order is worth a read as a reminder of some of the bad … Continue reading →

Posted in Attorney's Fees, Discovery, Magistrate Judge Toliver, Sanctions | Comments Off on Magistrate Judge Toliver Sanctions Defendant $7,500 And Precludes Testimony For Failure To Appear For Deposition

Lesson From The Fifth Circuit – Don’t Wait To Spring Your Best Evidence On Your Opponent At A Deposition

Posted on December 17, 2016 by Steven Callahan

On December 12, 2016, the Fifth Circuit Court of Appeals upheld a district-court decision sanctioning two attorneys ($1,000 each) for “certifying that their clients’ initial disclosures under Federal Rule of Civil Procedure 26(a)(1) were complete and correct even though the … Continue reading →

Posted in Fifth Circuit Court of Appeals, Practice Tips, Sanctions | Comments Off on Lesson From The Fifth Circuit – Don’t Wait To Spring Your Best Evidence On Your Opponent At A Deposition

Magistrate Judge Horan’s Heller v. City of Dallas Opinion: Laying Down the Law With Respect to Discovery Responses

Posted on June 17, 2015 by Steven Callahan

Late last year, Magistrate Judge Horan issued a 62 page opinion (available here) in Heller v. City of Dallas, 303 F.R.D. 466 (N.D. Tex. 2014). The opinion is notable in many respects, as it provides important guidelines that should be followed … Continue reading →

Posted in Attorney's Fees, Discovery, Magistrate Judge Horan, Northern District Practice Tips, Sanctions | Comments Off on Magistrate Judge Horan’s Heller v. City of Dallas Opinion: Laying Down the Law With Respect to Discovery Responses

Judge Means Issues Sanctions For Violation of Protective Order in PAR Systems v. IPhoton Solutions

Posted on October 21, 2012 by Steven Callahan

On October 17, 2012, Judge Means entered an Order (available here) sanctioning defendants for their counsel’s admitted (albeit inadvertent) violation of the Court’s protective order. Judge Means rejected plaintiffs’ suggested sanction: granting plaintiffs a royalty-free license with plaintiffs later paying … Continue reading →

Posted in Sanctions | Comments Off on Judge Means Issues Sanctions For Violation of Protective Order in PAR Systems v. IPhoton Solutions

Federal Circuit Upholds (In Part) Attorney’s Fees Award in Highmark v. Allcare Patent Infringement Case

Posted on August 9, 2012 by Steven Callahan

On August 7, 2012, the Federal Circuit issued a decision (available here) in Highmark, Inc. v. Allcare Health Management Systems, Inc.  Allcare (the patent owner) had appealed Judge Means’ exceptional case order (under 35 U.S.C. § 285) and award of attorney’s … Continue reading →

Posted in Federal Circuit Court of Appeals, Judge Means, Sanctions | Comments Off on Federal Circuit Upholds (In Part) Attorney’s Fees Award in Highmark v. Allcare Patent Infringement Case

Judge Means Grants Sanctions in Par Systems v. iPhoton Solutions For Violation of Protective Order’s Prosecution Bar

Posted on May 1, 2012 by Steven Callahan

On April 17, 2012, Judge Means granted the plaintiffs’ motion for sanctions in Par Systems v. iPhoton Solutions after defendants’ counsel violated the prosecution bar of the protective order.  (Order available here.)  In patent infringement cases, Courts routinely enter protective … Continue reading →

Posted in Judge Means, Sanctions | Comments Off on Judge Means Grants Sanctions in Par Systems v. iPhoton Solutions For Violation of Protective Order’s Prosecution Bar