On August 12, 2024, the plaintiffs filed their brief in opposition to the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber of Commerce (Fort Worth Chamber) for lack of standing and if granted, transfer the case to the...more
On July 29, 2024, the CFPB filed a motion to dismiss the Fort Worth Chamber of Commerce as a Plaintiff for lack of standing and if granted, transfer the case to a the Federal District Court for D.C. In its brief, the CFPB...more
Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) filed a brief in the U.S. District Court for the Northern District of Texas in support of its motion to dissolve the preliminary injunction that has stayed...more
The United States Court of Appeals, Eighth Circuit (“Eighth Circuit”) issued an Order on April 25th denying the United States Environmental Protection Agency’s (“EPA”) Motion to Transfer the State of Arkansas’s petition...more
In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in Cypress Point Condo Association v. Adria Towers, LLC, 226 N.J. 403, 418 (2016), i.e.,...more
The US Court of Appeals for the Federal Circuit vacated a district court’s denial of motions made by two car distributors to transfer cases out of the Western District of Texas for improper venue, finding that the patent...more
Delaware Court of Chancery Rules Against Gilead in Books and Records Action; Second Circuit Reverses Dismissal of Securities Fraud Suit Alleging Chinese Education Company Engaged in Sham Transactions; Third Circuit Grants...more
San Antonio remains one of three Texas cities, along with Austin and Dallas, currently working to implement a paid sick leave ordinance. This past summer, we reported about the then-pending San Antonio sick leave ordinance,...more
The Federal Circuit ruled that when a defendant is incorporated in a state that has multiple judicial districts, the defendant will reside in only one of the districts for venue purposes under the patent venue statute, 28...more
Federal Circuit Summaries - Before Reyna, Linn, and Hughes. On Petition for Writ of Mandamus to the Eastern District of Texas. Summary: Under Federal Circuit law, the plaintiff bears the burden of showing that venue is...more
A federal district court in the Southern District of Texas recently addressed venue issues relating to supplier-distributor relationships. Given the defendant’s lack of physical presence in the district, Chief Judge Lee...more
This post is another entry in our monthly survey of substantive orders in the Eastern and Northern Districts of Texas. This month, there were several decisions in two areas of interest: (1) awards of attorneys’ fees, and (2)...more
On April 10, 2018, the United States Court of Appeals for the Second Circuit revived and remanded to state court a putative class action brought against AXA Equitable Life Insurance Company. O’Donnell v. AXA Equitable Life...more
John S.Artz (Member, Troy) and Chelsea M. Smialek (Associate, Washington, D.C.), successfully defended against a motion to dismiss or transfer based on the first-to-file doctrine in a dispute between two suppliers of...more
North Carolina cases that are filed in an "improper county" can be transferred to the "proper county" if the "defendant, before the time of answering expires, demands in writing that the trial be conducted in the proper...more
The disputed technology relates to personal transporter devices. Defendant seeks to dismiss on the basis of lack of personal jurisdiction. The court denies the motion to dismiss, noting that the record demonstrates...more
Treehouse Avatar LLC v. Valve Corporation, C.A. No. 15-427 - SLR, March 22, 2016 - Robinson, J. Defendant’s motion to dismiss is denied; its motion to transfer to Washington is denied....more
Plaintiff is a Delaware corporation that sells its products in various states but it is not its “home turf.” There is litigation between the parties ongoing in Utah. Since defendant sold accused products in Delaware, it may...more
In a 46-page order, Judge Timothy Batten denied a motion to dismiss under FRCP 12(b)(2) and (3) for lack of personal jurisdiction and improper venue, or in the alternative to transfer venue brought by OMsignal, Inc....more