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Federal lawsuit against the Texas Supreme Court goes out with a whimper

By Don Cruse

Earlier this year, the Marketing on Hold case (DocketDB) got some unusual attention when the Respondent (a putative class representative) filed a federal lawsuit, arguing that the time the Texas Supreme Court was taking to issue its decision violated constitutional rights.

Barely a week later, the Texas Supreme Court decided the case. Divided 5-3, the Court held that the plaintiff (who was an assignee of someone else’s claims) was not an adequate class representative.

The plaintiff filed a motion for rehearing and a demand that the Texas Supreme Justice who authored the majority opinion be recused. Both motions were denied in May.

Today, the federal district court resolved the federal case, dismissing it as moot now that the state court process is over.

Full post as published by Supreme Court of Texas Blog on July 20, 2010 (boomark / email).