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Texas Re-Opening Announced


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10 minutes ago, Pig Bellmont said:

Abbott, unsatisfied with just responsibility for ever rising death toll who is weak on action to control the virus, now wants to kill children too. 
 

 

This is reckless. Unbelievable. 

Oh it’s believable. In fact it’s predictable. 

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Abbott, unsatisfied with just responsibility for ever rising death toll who is weak on action to control the virus, now wants to kill children too.   

 

This is reckless. Unbelievable. 

 

 

They all want to say something and sound like they're engaged, but nobody wants to be the adult and lead. Except a few superintendents:

 

Northside ISD Superintendent:

 

"What I’m essentially saying to the State of Texas is, You can talk about 8 weeks all you want. We’re going to do a phased in plan that’s going to be based on public health metrics, period. And if you choose not to fund us, then we’ll see you in court," said Dr. Woods during a podcast interview.
 

https://foxsanantonio.com/news/education/tea-guidance-about-school-funding-prompt-nisd-to-consider-legal-action

 

 

 

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So this seems like a bad idea.  Judge Rodney Gilstrap in Marshall is pushing a big patent trial to trial in August over Apple's objection.

https://www.scribd.com/document/470894156/20-07-21-Order-Denying-Apple-Motion-to-Continue-Trial#from_embed

Marshall itself seems to be full of covidiots, but Gilstrap is an Obama appointee, but as a Baylor grad probably subject to idiocy.

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Here is another glimpse into mind of some Texans on social distancing. On the topic of 50,000 people enjoying a football game this fall. 

So basically, going to a football game is the same as doctors and nurses going to work, and plus, some people just need a break from the wife and kids. Sorry pandemic, we live in a country of freedom. 

image.thumb.png.868e2a10c5e84ecaed8c9b200b0c3a4b.png

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1 minute ago, trauma babe said:

Fucking insanity. How we can make progress against this disease when our fellow citizens actively encourage viral spread?

We keep taking advantage of the kinder nature of people like you on the front lines until such time as a vaccine becomes available that will be taken by "morons" to eradicate the disease while these geniuses go on about how their freedom is being taken from them.

We've officially entered territory where the bare minimum of do the right thing has become anathema to a whole segment of our population.  Aggy provides many good examples of this line of thinking. 

It used to be pretty accepted that your rights end where my rights begin, but these people have moved past that, they now believe their rights do not end, whether or not they are infringing on your rights at all.  In short, they don't give a fuck about rights.  They only want the freedom to impose their will on their surroundings, and damn the consequences to others.  Others don't matter.  

It's disgusting.  It's sickening.  It's depressing.  

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1 hour ago, TwiceHorn said:

So this seems like a bad idea.  Judge Rodney Gilstrap in Marshall is pushing a big patent trial to trial in August over Apple's objection.

https://www.scribd.com/document/470894156/20-07-21-Order-Denying-Apple-Motion-to-Continue-Trial#from_embed

Marshall itself seems to be full of covidiots, but Gilstrap is an Obama appointee, but as a Baylor grad probably subject to idiocy.

i know you are an ip atty (which means we probably actually know each other).  i will not say too much as to avoid doxxing...but the above is not awesome for me.

i had to testify in an patent trial in the northern district of va in may/june.  scheduling order was for 3 weeks.  wrapped it up after 8 weeks.

what a fucking disaster.  countless fact witnesses, 7 experts total.  total mess.  last friday, southern district texas bankruptcy court hearing.  there were over 300 people with no ability to identify in the fucking hearing.

endless continuances are not feasible but for some of the larger, more complex trials, i think some common sense should prevail.  hearings, procedural bullshit, etc... can be done easily.  but billion dollar trials with thousands of trial exhibits and tens of live witnesses..ugh.

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2 minutes ago, sidis said:

i know you are an ip atty (which means we probably actually know each other).  i will not say too much as to avoid doxxing...but the above is not awesome for me.

i had to testify in an patent trial in the northern district of va in may/june.  scheduling order was for 3 weeks.  wrapped it up after 8 weeks.

what a fucking disaster.  countless fact witnesses, 7 experts total.  total mess.  last friday, southern district texas bankruptcy court hearing.  there were over 300 people with no ability to identify in the fucking hearing.

endless continuances are not feasible but for some of the larger, more complex trials, i think some common sense should prevail.  hearings, procedural bullshit, etc... can be done easily.  but billion dollar trials with thousands of trial exhibits and tens of live witnesses..ugh.

I haven't done a jury trial by Zoom yet, but I have had one bench trial by Zoom and several depositions, and all have gone pretty well.

I think lawyers need to get used to the Zoom thing.  Because even after the end of the Covid Times, I think calling witnesses and having depositions by video is quickly becoming normalized.

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Just now, Ghost of LL said:

I haven't done a jury trial by Zoom yet, but I have had one bench trial by Zoom and several depositions, and all have gone pretty well.

I think lawyers need to get used to the Zoom thing.  Because even after the end of the Covid Times, I think calling witnesses and having depositions by video is quickly becoming normalized.

how complex was the bench trial? was your judge 82 presiding over a trial involving 30 accused patents in an insanely complicated piece of telecommunications security infrastructure?

because mine was.  it sucked.

but i have been deposed 6 times since June via zoom/bluejeans/etc... and that has gone well.  for experts, it definitely gives us a huge advantage but for plaintiff attys in particular, i think it will remain attractive as a major cost mitigator.  i agree we will see a permanent change re: depos because of this.  it will also make them more efficient and shorter.  it will eliminate the mentality of "well, i flew four hours and lost three days for this shit, so i am using all seven hours to justify it."  just get your record and let's go about our day.

but for trials, no way.

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5 minutes ago, Ghost of LL said:

I haven't done a jury trial by Zoom yet, but I have had one bench trial by Zoom and several depositions, and all have gone pretty well.

I think lawyers need to get used to the Zoom thing.  Because even after the end of the Covid Times, I think calling witnesses and having depositions by video is quickly becoming normalized.

In my opinion we can do everything by zoom or remotely EXCEPT jury trials. Sure calling a witness by video deposition happens all the time but that is the choice of the party calling the witness, it should not be mandatory. We’re just gonna have to wait it out is my opinion anyway. 

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4 minutes ago, sidis said:

how complex was the bench trial? was your judge 82 presiding over a trial involving 30 accused patents in an insanely complicated piece of telecommunications security infrastructure?

because mine was.  it sucked.

but i have been deposed 6 times since June via zoom/bluejeans/etc... and that has gone well.  for experts, it definitely gives us a huge advantage but for plaintiff attys in particular, i think it will remain attractive as a major cost mitigator.  i agree we will see a permanent change re: depos because of this.  it will also make them more efficient and shorter.  it will eliminate the mentality of "well, i flew four hours and lost three days for this shit, so i am using all seven hours to justify it."  just get your record and let's go about our day.

but for trials, no way.

Sounds like your ND Va judge had lost control.  Thirty patents is just impossible; thirty claims from one patent is impossible.  And trial estimates, even from judges, are always optimistic, but going from three to eight weeks is insane.

I imagine Gilstrap's trial is going to be considerably more controlled than that, but it's still going to be a clusterfuck of people.

I'm not involved in any litigation at the moment, so I don't have a feel for how things are being handled.  Ship a binder of exhibits to the witness for a deposition by video?  Email a pdf of the unanticipated exhibit(s)?

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13 minutes ago, Ghost of LL said:

I haven't done a jury trial by Zoom yet, but I have had one bench trial by Zoom and several depositions, and all have gone pretty well.

I think lawyers need to get used to the Zoom thing.  Because even after the end of the Covid Times, I think calling witnesses and having depositions by video is quickly becoming normalized.

For hearings and depositions, I think Zoom and similar services are amazing. We save a ton on travel expenses, can get things scheduled quicker, and I find using Zoom for document intensive depositions to actually be better than in person. I generally have everything organized in a single PDF document, with bookmarks that I can use to quickly move between exhibits and particular areas I want to address with the witness. And, with screenshare, I know the witness is looking at the same portion of the document I am. The cherry on top is that everything will be much easier to sync up when it comes time to prepare depo cuts. 

That said, I can't imagine trying to do a jury trial remotely. Jurors already tune out video testimony (I try to avoid at all cost). I don't know how we'd keep them engaged in a completely remote trial. Maybe we need to add a live twitch chat to keep their interest. 

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1 minute ago, TwiceHorn said:

Sounds like your ND Va judge had lost control.  Thirty patents is just impossible; thirty claims from one patent is impossible.  And trial estimates, even from judges, are always optimistic, but going from three to eight weeks is insane.

I imagine Gilstrap's trial is going to be considerably more controlled than that, but it's still going to be a clusterfuck of people.

I'm not involved in any litigation at the moment, so I don't have a feel for how things are being handled.  Ship a binder of exhibits to the witness for a deposition by video?  Email a pdf of the unanticipated exhibit(s)?

Small point. There’s no northern federal district in Virginia. It’s just East and West. EDVA has a division in Alexandria (just outside DC), which is likely the court referenced, as opposed to Richmond or Norfolk. EDVA is also known as the Rocket Docket. Cases regularly go from filing to trial in 8 months. Discovery period of six weeks- regardless of the complexity of the case- and basically no extensions ever granted. No matter whether Plaintiff or Defendant, if you don’t have experts retained by initial pleadings, you’re playing catch up. It’s a whole different thing

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5 minutes ago, TwiceHorn said:

Sounds like your ND Va judge had lost control.  Thirty patents is just impossible; thirty claims from one patent is impossible.  And trial estimates, even from judges, are always optimistic, but going from three to eight weeks is insane.

I imagine Gilstrap's trial is going to be considerably more controlled than that, but it's still going to be a clusterfuck of people.

I'm not involved in any litigation at the moment, so I don't have a feel for how things are being handled.  Ship a binder of exhibits to the witness for a deposition by video?  Email a pdf of the unanticipated exhibit(s)?

Yeah--you send the exhibits by emailed .pdf the day before.  If there are unanticipated exhibits, you take a break and circulate an email with the exhibit.  It's no big deal.

14 minutes ago, sidis said:

how complex was the bench trial? was your judge 82 presiding over a trial involving 30 accused patents in an insanely complicated piece of telecommunications security infrastructure?

because mine was.  it sucked.

but i have been deposed 6 times since June via zoom/bluejeans/etc... and that has gone well.  for experts, it definitely gives us a huge advantage but for plaintiff attys in particular, i think it will remain attractive as a major cost mitigator.  i agree we will see a permanent change re: depos because of this.  it will also make them more efficient and shorter.  it will eliminate the mentality of "well, i flew four hours and lost three days for this shit, so i am using all seven hours to justify it."  just get your record and let's go about our day.

but for trials, no way.

I would say that the legal issues were complex, but not necessarily the factual issues.  It was a two-day trial.  We did witnesses by deposition (as you frequently do with a bench trial even in normal times).  So it was pretty straightforward.

From what you describe, I wonder if your trial would've have been a shitshow under the best of circumstances.

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17 minutes ago, sidis said:

how complex was the bench trial? was your judge 82 presiding over a trial involving 30 accused patents in an insanely complicated piece of telecommunications security infrastructure?

because mine was.  it sucked.

but i have been deposed 6 times since June via zoom/bluejeans/etc... and that has gone well.  for experts, it definitely gives us a huge advantage but for plaintiff attys in particular, i think it will remain attractive as a major cost mitigator.  i agree we will see a permanent change re: depos because of this.  it will also make them more efficient and shorter.  it will eliminate the mentality of "well, i flew four hours and lost three days for this shit, so i am using all seven hours to justify it."  just get your record and let's go about our day.

but for trials, no way.

Briskets going to be pissed if he can’t get his road fix of gizzards and boudin, because all the depositions are online.

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2 minutes ago, Pig Bellmont said:

Small point. There’s no northern federal district in Virginia. It’s just East and West. EDVA has a division in Alexandria (just outside DC), which is likely the court referenced, as opposed to Richmond or Norfolk. EDVA is also known as the Rocket Docket. Cases regularly go from filing to trial in 8 months. Discovery period of six weeks- regardless of the complexity of the case- and basically no extensions ever granted. No matter whether Plaintiff or Defendant, if you don’t have experts retained by initial pleadings, you’re playing catch up. It’s a whole different thing

you're absolutely right...that was on me, not twice.  i brainfarted...it was edva.

 

9 minutes ago, TwiceHorn said:

Sounds like your ND Va judge had lost control.  Thirty patents is just impossible; thirty claims from one patent is impossible.  And trial estimates, even from judges, are always optimistic, but going from three to eight weeks is insane.

I imagine Gilstrap's trial is going to be considerably more controlled than that, but it's still going to be a clusterfuck of people.

I'm not involved in any litigation at the moment, so I don't have a feel for how things are being handled.  Ship a binder of exhibits to the witness for a deposition by video?  Email a pdf of the unanticipated exhibit(s)?

it depends on how contentious things are.  i have had depo exhibits fedexed the day before (which is interesting since you can take a look if you wanted to) and i have had them hand delivered about ten minutes prior to the depo starting.

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2 minutes ago, Pig Bellmont said:

Small point. There’s no northern federal district in Virginia. It’s just East and West. EDVA has a division in Alexandria (just outside DC), which is likely the court referenced, as opposed to Richmond or Norfolk. EDVA is also known as the Rocket Docket. Cases regularly go from filing to trial in 8 months. Discovery period of six weeks- regardless of the complexity of the case- and basically no extensions ever granted. No matter whether Plaintiff or Defendant, if you don’t have experts retained by initial pleadings, you’re playing catch up. It’s a whole different thing

Yeah, that occurred to me as I was typing it.  Sidis I suppose meant "northern Virginia," meaning Alexandria.

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4 minutes ago, sidis said:

you're absolutely right...that was on me, not twice.  i brainfarted...it was edva.

 

it depends on how contentious things are.  i have had depo exhibits fedexed the day before (which is interesting since you can take a look if you wanted to) and i have had them hand delivered about ten minutes prior to the depo starting.

I completely brain-cramped on the notion of sending a big fat pdf of the exhibits.  Although my practice is virtually paperless, I still think of paper exhibits for a depo.  I'm not doing much/any trial work these days.

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6 minutes ago, Ghost of LL said:

Yeah--you send the exhibits by emailed .pdf the day before.  If there are unanticipated exhibits, you take a break and circulate an email with the exhibit.  It's no big deal.

You can actually send documents directly through Zoom chat if your reporting service sets it up correctly. I find it the easier way to handle last minute documents (or documents you really don't want to share in advance). 

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12 minutes ago, Pig Bellmont said:

Small point. There’s no northern federal district in Virginia. It’s just East and West. EDVA has a division in Alexandria (just outside DC), which is likely the court referenced, as opposed to Richmond or Norfolk. EDVA is also known as the Rocket Docket. Cases regularly go from filing to trial in 8 months. Discovery period of six weeks- regardless of the complexity of the case- and basically no extensions ever granted. No matter whether Plaintiff or Defendant, if you don’t have experts retained by initial pleadings, you’re playing catch up. It’s a whole different thing

one more things on this...i thought the texas eastern district took the cake on this until the first time i was involved in the edva about ten years ago.  christ almighty.  the eastern district of oklahoma (in which cases can languish for a decade) is currently overloaded and understaffed right now so i had a trial last year in which an edva judge presided over the trial which took place in muskogee.  it was a fairly hilarious culture clash to witness in the courtroom since it was a bench trial - for both sides of the case.  certified a class an set the trial to start a month later despite bifurcated discovery.  both sides cross designated depo cuts that would take about a day during the trial...about 90 seconds into them, he shut it down, went on a tirade admonishing both sides for wasting all of his time with a bunch of cumulative bullshit...said he was offended by it, cut it off, and call your next witness now.  pin drop.  which is why, if i was a civil litigator, i would be a huge follower of the following...

14 minutes ago, Dahobbs said:

Jurors already tune out video testimony (I try to avoid at all cost).

 

10 minutes ago, Ghost of LL said:

Yeah--you send the exhibits by emailed .pdf the day before.  If there are unanticipated exhibits, you take a break and circulate an email with the exhibit.  It's no big deal.

I would say that the legal issues were complex, but not necessarily the factual issues.  It was a two-day trial.  We did witnesses by deposition (as you frequently do with a bench trial even in normal times).  So it was pretty straightforward.

From what you describe, I wonder if your trial would've have been a shitshow under the best of circumstances.

seems considerably more manageable for sure.

and yes, it would have been.

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7 minutes ago, sidis said:

 

one more things on this...i thought the texas eastern district took the cake on this until the first time i was involved in the edva about ten years ago.  christ almighty.  the eastern district of oklahoma (in which cases can languish for a decade) is currently overloaded and understaffed right now so i had a trial last year in which an edva judge presided over the trial which took place in muskogee.  it was a fairly hilarious culture clash to witness in the courtroom since it was a bench trial - for both sides of the case.  certified a class an set the trial to start a month later despite bifurcated discovery.  both sides cross designated depo cuts that would take about a day during the trial...about 90 seconds into them, he shut it down, went on a tirade admonishing both sides for wasting all of his time with a bunch of cumulative bullshit...said he was offended by it, cut it off, and call your next witness now.  pin drop.  which is why, if i was a civil litigator, i would be a huge follower of the following...

 

seems considerably more manageable for sure.

and yes, it would have been.

Witnesses at trial by live video is not something I have seen before.

Most civil lawyers know that video testimony is a snoozer, so it's usually reserved for extreme necessity or "burden of proof" issues that aren't really jury fodder.

I think a live witness by video might be a little more effective than by recorded video because at least the questioning is live.

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You can actually send documents directly through Zoom chat if your reporting service sets it up correctly. I find it the easier way to handle last minute documents (or documents you really don't want to share in advance). 

This is how docs have been handled in all of mine. So much easier than making extra copies or waiting for the judge to find an older filing on their computer. Been doing 5+ zoom hearings a week lately. All bench trials, but I hope the courts stay this way forever. Fortunately, we don’t do jury trials because that sounds like a nightmare.
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2 hours ago, Beau Vine said:

Soft as socks, limpest dicks on campus.

Edit: Also nobody gives a shit, but dorm torn down in 2011 to make room for Hullabaloo.

Edited by relapse98
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3 hours ago, SizzleChest said:

I finally found the Zoom for Lawyers thread.  Cool.  cool cool cool

 

1 hour ago, Fudge Nuggets said:

Boring ass legal bullshit talk not going away.

Make it go away.

 

1 hour ago, Wanker Bob said:

Kill all the lawyers.  Then mission accomplished

I know, right? 

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Yeah, I've been encouraged looking at the Dallas numbers but there's no way they're accurate given the rapid drops, mixed with occasional large increases. What sucks is they could have just been honest and it would still likely be decent news. I think the best we can say is much of Texas is now well past the peak, for the summer wave anyway. 

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35 minutes ago, Bartles said:

Yeah, I've been encouraged looking at the Dallas numbers but there's no way they're accurate given the rapid drops, mixed with occasional large increases. What sucks is they could have just been honest and it would still likely be decent news. I think the best we can say is much of Texas is now well past the peak, for the summer wave anyway. 

Just in time for school to start up.  Hooray.

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Yeah, what would y'all say is probably the median start date for Texas schools (public and private)...something like August 20th?  And then you've got 2.5 weeks from then until Labor Day.  So basically the two big flare-up events will overlap around 15 days days from one another?  Yeah, that's not gonna be good.  I've never been looking more forward to an October in my entire life, even without college football or a World Series to watch.  

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13 hours ago, Bama Chick said:

 

Backasswards Nueces County, where I live, still can find a way to accurately report the numbers. This is a state/county issue. Also, the “tens of thousands” referenced in the fucking tweet headline is mentioned in the article but they never cite any actual numbers. Did you actually read the article? Texas has 450,000 cases reported. CDC has already said that the number could be up to 10 times higher. This “tens of thousands” is a drop in the bucket. Fake news.

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9 hours ago, InkaUtexas said:

I posted on another thread how quickly my counties numbers just dropped and they continue to do so. Makes sense..... 

 

2 hours ago, Bartles said:

Yeah, I've been encouraged looking at the Dallas numbers but there's no way they're accurate given the rapid drops, mixed with occasional large increases. What sucks is they could have just been honest and it would still likely be decent news. I think the best we can say is much of Texas is now well past the peak, for the summer wave anyway. 

I watch the numbers here. It’s hard to extrapolate statewide, but the probable cases here in Nueces from rapid tests are roughly 10% of total cases. It’s not changing the numbers much.

edit- yesterday it was up to 20%. I’ll keep an eye on it. To be clear, those cases were reported previously, and are still being reported now by Nueces. No idea why Dallas county and wherever @InkaUtexas lives can’t do the same.

Edited by justhookit
maths
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