New Rule Proposals for Expedited Lawsuits in Texas

In 2011, the Texas Legislature passed HB 274 which, in part, mandated that the Texas Supreme Court promulgate rules for expedited actions.  The intent behind HB 274’s mandate was to facilitate more efficient and speedier resolutions of lawsuits involving disputed amounts of $100,000 or less.

The following highlights of the proposed rules regarding expedited actions will be available for comment through February 1, 2013, and will take final effect on March 1, 2013:

Tex. R. Civ. P. 169 (new)

  • Would mandate the “expedited actions process” to apply in all causes of action where the claimant seeks monetary relief of $100,000 or less (excludes lawsuits seeking non-monetary relief).
  • Would cap the amount recoverable under the expedited actions process to $100,000.
  • Would allow removal from the expedited actions process only with “good cause” or upon filing of an amended or supplemental pleading seeking relief (i) other than monetary relief or (ii) in excess of the $100,000 limit.
  • Would limit the entire trial process (i.e., jury selection, opening statements, presentation of evidence, direct and cross-examination of witnesses, and closing arguments) to a total of 5 hours.
  • Would preclude the court from ordering parties to engage in alternative dispute resolution (such as mediation), unless the parties previously consented to such a process by agreement or contract.
  • Would prohibit challenges to expert testimony unless requested by the party sponsoring the expert.

Tex. R. Civ. P. 190.2 (amended)

  • Discovery period would run from time the suit was filed until 180 days after the first discovery request is served on a party.
  • Would restrict the total time for examination and cross-examination of witnesses in oral depositions to 6 hours.  Time could be increased to 10 hours on agreement by the parties.
  • Would limit written discovery to 15 requests for interrogatories, 15 requests for production, and 15 requests for admissions.
  • Would permit a party to submit additional disclosure requests of all documents, electronic information, and tangible items that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses.  Such additional requests would not count against a party’s requests for production.

Authored by: Scott A. Meyer and John Sokatch.

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Chalker Flores, LLP provides intellectual property, business, corporate and litigation legal services of the highest quality.  Founded by Dr. Edwin Flores and Daniel Chalker, additional partners include Scott Meyer, Chainey Singleton and Tom Jacks.  The lawyers of Chalker Flores, LLP provide big-firm expertise with boutique service and pricing.  Clients include individual inventors, start-ups, spin-offs, major national universities, research institutes and medium to large corporations.

If you would like more information about Chalker Flores, LLP, or to schedule an appointment please contact us 214-445-4021.  Please follow us on Twitter at @chalkerflores.

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Chalker Flores, LLP Obtains Japanese Pharmaceutical Nutrition Patent for Client

Chalker Flores, LLP, an intellectual property, business, corporate and litigation law firm in Dallas, Texas, recently successfully prosecuted a pharmaceutical nutrition patent in Japan on behalf of one of its clients titled “Nutritional Supplement or Pharmaceutical Preparation Comprising Triglycerides with Seven-Carbon Fatty Acid”.  The patent issued January 13, 2012, Japan Patent Reg. No. 4902906.

Chalker Flores, LLP provides intellectual property, business, corporate and litigation legal services of the highest quality.  Founded by Dr. Edwin Flores and Daniel Chalker, additional partners include Scott Meyer, Chainey Singleton and Tom Jacks.  The lawyers of Chalker Flores, LLP provide big-firm expertise with boutique service and pricing.  Clients include individual inventors, start-ups, spin-offs, major national universities, research institutes and medium to large corporations.  If you would like more information about Chalker Flores, LLP, or to schedule an appointment please contact Cynthia Minchillo at cminchillo@chalkerflores.com or 214-445-4060.

Chalker Flores, LLP Successfully Prosecutes a Chemical Composite Materials Patent

Chalker Flores, LLP, an intellectual property, business, corporate and litigation law firm in Dallas, Texas, recently successfully prosecuted a chemical composite materials patent in the United States on behalf of one of its clients titled “Covalently Functionalized Particles for Synthesis of New Composite Materials.”  The patent issued January 3, 2012, U.S. Patent Reg. No. 8,088,451.

Chalker Flores, LLP provides intellectual property, business, corporate and litigation legal services of the highest quality.  Founded by Dr. Edwin Flores and Daniel Chalker, additional partners include Scott Meyer, Chainey Singleton and Tom Jacks.  The lawyers of Chalker Flores, LLP provide big-firm expertise with boutique service and pricing.  Clients include individual inventors, start-ups, spin-offs, major national universities, research institutes and medium to large corporations.  If you would like more information about Chalker Flores, LLP, or to schedule an appointment please contact Cynthia Minchillo at cminchillo@chalkerflores.com or 214-445-4060.

Chalker Flores, LLP Nominated for NDCC Business of the Year Award

The law firm of Chalker Flores, LLP is excited to announce it has been nominated for the North Dallas Chamber of Commerce Business of the Year Award.

Chalker Flores’ ongoing support of the NDCC and the positive business environment in the North Dallas area is a primary reason Chalker Flores kept its offices located in North Dallas when it expanded into its new office space in the Addison Building off of the Dallas North Tollway over a year ago.  Although the nomination came as a surprise, Edwin Flores, Partner and co-founder of the firm, explains that “we are excited to have been nominated, and have begun the interview process with the North Dallas Chamber of Commerce Business of the Year Award Committee.”

Chalker Flores will be celebrating its 10th anniversary this year.  “Without our top-of-the-line employees and business relationships with organizations like the North Dallas Chamber of Commerce, our business would not have been successful,” adds Scott Meyer, a Partner with the firm.  “Whether chosen as the NDCC Business of the Year or not, we appreciate the nomination and are participating fully in the vetting process,” concludes Mr. Meyer.

Chalker Flores, LLP provides intellectual property, business, corporate and litigation legal services of the highest quality.  Founded by Dr. Edwin Flores and Daniel Chalker, additional partners include Scott Meyer, Chainey Singleton and Tom Jacks.  The lawyers of Chalker Flores, LLP provide big-firm expertise with boutique service and pricing.  Clients include individual inventors, start-ups, spin-offs, major national universities, research institutes and medium to large corporations.

If you would like more information about Chalker Flores, LLP, or to schedule an appointment with an attorney in Dallas or Fort Worth, please contact Cynthia Minchillo at 214-445-4055 or cminchillo@chalkerflores.com.

Local Counsel Requirement – U.S. District Court for the Northern District of Texas

LOCAL COUNSEL REQUIREMENT

U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

The U.S. District Court for the Northern District of Texas has amended its local rules regarding the requirement of local counsel (LR 83.10 and LCrR 57.10).  On September 4, 2012, these changes will become effective, so it is imperative that you know what is required before filing in the Northern District of Texas.

The Court clarified the meaning of local counsel’s “office” by specifying that local counsel’s office be a principal office located within 50 miles of the courthouse.  It is no longer sufficient to have a satellite office within 50 miles of the courthouse.  This rule applies to patent infringement, trademark infringement and business litigation matters.

Further details and Special Order No. 2-80 can be found at the Court’s website or by following this link http://www.txnd.uscourts.gov/pdf/sp_order2/02-80.pdf.

 

About Chalker Flores, LLP

Chalker Flores, LLP provides intellectual property, business, corporate and litigation legal services of the highest quality.  Founded by Dr. Edwin Flores and Daniel Chalker, additional partners include Scott Meyer, Chainey Singleton and Tom Jacks.  The lawyers of Chalker Flores, LLP provide big-firm expertise with boutique service and pricing.  Clients include individual inventors, start-ups, spin-offs, major national universities, research institutes and medium to large corporations.

If you would like more information about Chalker Flores, LLP, or to schedule an appointment with one of the attorneys in Dallas or Fort Worth, please contact Cynthia Minchillo direct at 214-445-4055 or email at cminchillo@chalkerflores.com.

Scott Meyer Named Membership Chairman for DRI Group

Scott Meyer, Partner with Chalker Flores, LLP, has been selected Membership Chairman of the Intellectual Property Specialized Litigation Group for DRI.

DRI™, formerly known as the Defense Research Institute, is dedicated to assisting attorneys with every tool needed to support their clients. For more than 50 years, DRI has focused on enhancing the skills, effectiveness and professionalism of defense lawyers, and improving the civil justice system and balance for litigants.

As the largest international membership organization of attorneys defending the interests of business and individuals in civil litigation, Scott is proud to take on his new expanded role with DRI. “I wanted to be part of enhancing membership and knowledge of the Intellectual Property SLG, and build upon an already first-rate organization,” says Scott. He is looking forward to his future work with DRI.

You can visit DRI on their website at http://www.dri.org/ for more information on the institute and its committees.

Chalker Flores, LLP provides intellectual property, business, corporate and litigation legal services of the highest quality. Founded by Dr. Edwin Flores and Daniel Chalker, additional partners include Scott Meyer, Chainey Singleton and Tom Jacks. The lawyers of Chalker Flores, LLP provide big-firm expertise with boutique service and pricing. Clients include individual inventors, start-ups, spin-offs, major national universities, research institutes and medium to large corporations.

If you would like more information about Chalker Flores, LLP, or to schedule an appointment with one of the attorneys in Dallas or Fort Worth, please contact Cynthia Minchillo direct at 214-445-4055 or email at cminchillo@chalkerflores.com.

Chalker Flores, LLP Announces New Partner

The law firm of Chalker Flores, LLP is excited to announce the promotion of Thomas G. Jacks to a partner of the firm.

Jacks is an integral part of the Chalker Flores litigation team. “As part of that team, Jacks works successfully with our clients who have litigation needs. He also works closely with other team members to provide strategic counsel to better our clients’ positions in litigation,” provides Scott Meyer, Partner.

Jacks is a licensed attorney in Colorado, Mississippi and Texas, and was recently named a Rising Star by Super Lawyers and Texas Monthly magazines.

Chalker Flores, LLP provides intellectual property, business, corporate and litigation legal services of the highest quality. Founded by Dr. Edwin Flores and Daniel Chalker, additional partners include Scott Meyer and Chainey Singleton. The lawyers of Chalker Flores, LLP provide big-firm expertise with boutique service and pricing. Clients include individual inventors, start-ups, spin-offs, major national universities, research institutes and medium to large corporations.

If you would like more information about Chalker Flores, LLP, or to schedule an appointment with one of the attorneys in Dallas or Fort Worth, please contact Cynthia Minchillo direct at 214-445-4055 or email at cminchillo@chalkerflores.com.