Category: Recent News

Steinberg Argues Before Fifth Circuit

Posted by Nicholas Mosser on

On December 3, 2012, Alexis F. Steinberg argued before the United States Court of Appeals for the Fifth Circuit in New Orleans, Louisiana. She presented the crucial question of interpretation regarding the homestead provisions in the Texas Constitution, Article 16, Section 50.

The essential issue under discussion was whether a lien against a homestead made in violation of the Texas Constitution is void (legally unenforceable) or voidable (able to become void but not necessarily so). Steinberg argued that the lien against the Appellants’ property was not voidable, but rather void from the start (“void ab initio“).

This “void not voidable” issue was first raised in relation to Mosser Law’s clients in the District Court, where James C. Mosser, who tried this case in 2011, uncovered and explored the nuances of the homestead provisions in his pleadings and motions. After appealing the Court’s judgment, Mosser mentored and advised Steinberg as she prepared to bring her oral argument before the Fifth Circuit.

Mosser and Steinberg are aware that this issue could become persuasive for Texas courts and Texas citizens with void property liens. As Steinberg wrote in Mosser Law’s Brief for Appellants:

In the recent case Smith v. JPMorgan Chase Bank, the “court engaged in a detailed analysis of the plain language of the Texas Constitution; the nature of liens which are void from inception instead of merely ‘voidable’; and the Texas Constitution’s requirement of homeowner’s demand and lender’s opportunity to cure before a forfeiture. The Smith analysis should be applied here. The Priesters’ lien was void ab initio, not voidable.”

Because the lien was constitutionally void, the District Court should not have dismissed the case. This void versus voidable issue is material to Texas homeowners and to the legal interpretation of the state’s Constitution.  If the liens are considered voidable, a four-year statute of limitations applies to a homeowner’s claims.  However, if the liens are properly interpreted as void, a homeowner may bring a claim against a lender whenever the homeowner realizes the liens on his or her property violated the Texas Constitution.

Drawing on the plain-language interpretation of the Texas Constitution and pertinent case law, Steinberg presented her argument on this matter cogently and eloquently.

If you have Windows Media Player, you can listen to Steinberg’s argument here or by searching the Fifth’s Circuit’s Oral Argument Recordings Page for “Alexis Steinberg.”

Do you have an appeal? Find out by contacting Mosser Law.

How to Get My Business: A Three-Part Series on Attracting Referrals from “BigLaw,” Corporate Counsel, and Lawyers in Niche Practices

Posted by Nicholas Mosser on

The Appellate Section of the Collin County Bar is hosting a three part series on getting business through referrals.  Ever wonder how to get business from peers, opposing counsel, or lawyers you meet at cocktail parties?  We’re asking those questions and more of lawyers in the community who regularly refer business.

First in the series is a panel with partners from Thompson and Knight and Baker Botts, among others.  Learn how to get on the referral radar, ask for business in a meaningful way, get the business, and keep your place on their go-to list.

 What:            Three course lunch (appetizer, entree, and dessert)

Where:          Jasper’s in Plano at 7161 Bishop Rd., Plano, Tx. 75024

When:           November 9, 2012 at noon

How much:    $25

 

Seating is limited.  Please pre-pay by cash or check to Teresa Moore or Alexis Steinberg, or pay online here.  Contact Alexis Steinberg at steinberg@mosserlaw.com or at 972-733-3223 with any questions about online payment, or the event.

Steinberg Presents to Collin County Bar Association

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By:  Kelly R. Ledbetter

On September 24, 2012, Alexis F. Steinberg presented a lecture about tables of authorities, tables of contents, hyperlinks, and other formatting and technology topics during the Law Practice Management Section meeting of the Collin County Bar Association in Plano, Texas.

Understanding formatting methodology in both Microsoft Word and Word Perfect is significant for lawyers primarily because it is in the lawyers’ best interest for any reader quickly to understand and appreciate both the legal arguments and the references to legal authorities.

Steinberg taught that automatically updating a table of authorities (a table of contents comprised of legal sources) will save lawyers and readers a lot of time. Rather than manually updating the table of authorities for an appellate brief–which can easily exceed a hundred pages and scores of sources–lawyers and legal staff should learn to make their technology work for them.

Saving time in the office means saving the client money. Hiring a technologically knowledgeable lawyer is a financially advisable decision. Judges also find briefs whose supporting documents are easy to navigate to be more persuasive, which is good news for favorable judgments.

Particularly stressing that Word Perfect as a word processing platform affords flexibility and control for more than documents written just for appeals, Steinberg demonstrated multiple opportunities to increase the readability of legal documents by inserting internal links as well as hyperlinks.

During the Q&A following her lecture, Steinberg explained that many appeals courts and, increasingly, district courts are welcoming if not requesting documents involving hyperlinked references to authorities.

Why is formatting so important? It helps Mosser Law PLLC present information in the easiest, most streamlined, and technologically practical manner for the benefit of its clients.

 

Vindicating the Rights of Texas Homeowners

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The Texas Constitution has some very strict language about protections for homesteads.  Unfortunately, many Texans don’t know about those safeguards, and their homes are foreclosed upon in violation of the Texas Constitution.  Mosser Law is actively working on behalf of homeowners.  With some success in the past, we hope to help more Texans in the future.

This Report and Recommendation from the US Magistrate Judge is the basis of a pending appeal before the 5th Circuit.  In that case two homeowners, unaware of the requirements of the Texas Constitution, were misled by the lender and title company–among others.  The loan was closed improperly, in the homeowners’ living room, without constitutionally mandated notice.  Upon informing the lender of the violations, the lender failed to reform the loan in accordance with the Texas Constitution.  After the appropriate time period had elapsed, the homeowner then filed a declaratory judgment for to have the lien declared void in accordance with the Texas Constitution.  The district court in that case decided that the homeowners had waited too long to pursue their claims.  Although the Texas Constitution has no language regarding a statute of limitations, the district court applied a “residual” statute of limitation of four years.  The homeowners, with the help of Mosser Law, are appealing.  We point out that the language of the Texas Constitution indicates that a lien created in violation of that document is void, and that there is no limit on your ability to have a court adjudicate the void nature of that lien.

Here you can find our clients’ opening brief, the Defendants’ Response, and our Reply.

If you are interested in reading about another of Mosser Law’s cases under the Texas Constitution relating to voiding a homestead lien because of constitutional violations, you should read about the Rays.  The lien on their homestead was declared unconstitutional because of fraud by the bank.  They also won a damage award, and an award of attorneys’ fees with the help of Mosser Law.

New Appellate Admissions

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As of this summer Alexis Steinberg  and Nicholas Mosser are admitted to practice before the 5th Circuit Court of Appeals.

Ms. Steinberg’s appellate practice has previously included appearing before the Texas Supreme Court, and the needs of her clients now demand she be prepared to travel to New Orleans.  Ms. Steinberg drafted the briefs in Mosser Law’s case on homestead liens created in violation of the Texas Constitution, which is currently pending before the 5th Circuit.

 

 

Mosser Law Defeats Patent Troll

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Does this mark the end of an era for patent trolls?  For the sake of patent holders everywhere, we sure hope so.

Recently, Mosser Law successfully defeated a patent troll in the Eastern District of Texas.  There is a little known law which prohibits the marking of a good with a patent that has expired.  That is, if your dohickey, patent no. 9,723,333,223, has reached the end of its patentented life, you have to remove the mark.  You cannot keep selling your dohickey with an expired patent number on it. 

If you keep selling your marked dohickey, anyone can sue you in a qui tam suit under 35 U.S.C. § 292.  This is called a “false marking” case.  Until recently, it was enough to meet the requirement of “intent to deceive” if a defendant was alleged to be a sophisticated company, perhaps retaining patent counsel, who was acquainted with the business of acquiring and using patents.  Then the courts would infer that the defendant’s failure to remove a mark was an active attempt to deceive.

However, the Federal Circuit recently clarified the “intent to deceive” requirement, by teaching us that the intent to deceive was held to a heightened pleadings standard, under Fed. R. Civ. P. 9(b).  In the case In re BP Lubricants USA Inc. the Federal Circuit opined that there must be more than just conclusory allegations to infer an intent to deceive.  The Federal Circuit did not specify what would meet that requirement, only noted that the “sophisticated company” argument was not effective. 

We look forward to seeing what sort of cases further develop the law in this area.  In the meantime, you can read more of what we wrote on this topic for the judge by reviewing our reply brief, and the Order Granting Motion to Dismiss is here.

Mosser Law Co-Hosts Appellate Meet and Greet

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The Appellate and Civil Litigation Sections of the Collin County Bar Association are co-sponsoring a social on Thursday, April 29th, 2010, at Zea Woodfire Grill at Granite Park in Plano from 5:30pm- 7:00pm.

Our special guests are Justices Bob Fillmore and Lana Myers of the Fifth Court of Appeals.

Come enjoy food, drink, and good company compliments of our hosts Cowles & Thompson, P.C., Fulbright & Jaworski, LLP, Koons Fuller Vanden Eykel & Robertson, P.C., Mosser Law PLLC, and The Suster Law Group, PLLC. This is a great opportunity for the Collin County bench and bar to meet our two newest justices.

Plus, membership in the Appellate Section is free for the first year for those who join at the event.

Another Appellate Victory

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Another appellate victory as Mosser Law vindicates our client’s interests.

Things don’t always go the way we want in the trial court. Fortunately we’ve got the Courts of Appeal to fix those minor problems. Recently one of Mosser Law’s clients witnessed this firsthand.

Mosser Law was able to have an unfair ruling by the trial court reversed and remanded. Read the trial court’s opinion for more details.

Mosser Law at the Texas Supreme Court

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It was a great day to be a lawyer at Mosser Law on January 19.  Alexis Steinberg, Mosser Law’s newest associate, argued in front of the Texas Supreme Court on crucial issues of takings jurisprudence.

The Court was considering the issues encapsulated by VSC LLC v. City of Dallas, which include whether it is appropriate for the City of Dallas, pursuant to its police power, to seize vehicles that are lawfully towed and stored, if those vehicles are later alleged to be stolen, and to subsequently deny that the towing and storage companies are due any compensation.

Although several other issues were raised by the petition of the City of Dallas, the Court focused it’s questions narrowly on the takings question, despite attempts by counsel to raise some of the other issues.

Oral argument in this case can be viewed, but a special player must be downloaded.

This case was also noted in the news.

Mediation at Mosser Law

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Alexis Steinberg, Mosser Law’s newest attorney, is furthering her education with training as a mediator.

“I participated in a mediation competition while in law school,” says Alexis, “and I’m interested in the value that the training will bring to my clients.”

Mediation and pre-trial settlement are becoming more prevalent, and Alexis’ new skills will certainly prove valuable as she deepens her knowledge of the settlement system.

Alexis anticipates completing the 40 hours of training by the end of September.