Calypso Wireless (fka CLYW)

[downsideup]

Agree. No settlement with Daic. On to trial. HUZZAH !!!

If the SAME case was heard in the 151st District Court before, and this case is really nothing but a continuation of that case, and given that the "resolution" of that case "didn't stick", and that it appears that the REASON it "didn't stick" was that the claims made to induce the resolution of that case were based in there being one or more frauds perpetrated, against the court, and/or in continuation of the SAME effort in fraud that the claims in that case were based on... that seems it makes quite a lot of sense.

How it may be resolved, though, seems less like a matter of the obvious in the logic than it is a lawyerly type question, that seems it will be determined based more on the priorities in the rules of legal procedure than "just" the logic.

The logic clearly screams that Markle has it right re the venue.

I think it likely you've identified a good reason, too, that moving it there will make sense. When CLYW addresses the 151st District Court with moves to re-open that case based on the obvious failures to comply with the terms in the agreements that enabled it to be closed, that will obviously create some significant redundancy...

It seems reasonable, too, that defendant Williamson and Rusnak may have disqualified themselves with their clear and knowing participation in a series of purposeful frauds related to the whole "2009 agreement" fiasco, and the fraudulent effort to take and sell the patents... which even the stipulation seems it goes a long way toward addressing... but, again, it seems a lawyerly question whether that means they "are subject to disqualification pursuant to Texas Disciplinary Rules of Professional Conduct."

I wonder if anyone has bothered, yet, to file a complaint with the bar association ?

I think Daic is a flaming idiot for allowing Williamson to screw him over the way he has with some obviously bad advice and worse representation. Still, that's Daic's problem. But, when the interest of Daic and Williamson clearly ARE in conflict... I don't really see how the court allowing Williamson to continue in "representing" Daic (enabling Williamson in screwing Daic over in Williamsons' self interest) makes any sense. And, while Williamson pretty obviously has more than one fool for a client, that, too is his business, not CLYw's... to a point.

CLYW has an interest, obviously, at that point. Not allowing them to make purposefully glaring errors in law that are enabled at the start, as a means for them to create any future doubt as a pretext for revisiting things... that risk pretty clearly must be addressed up front.

The judge has an obligation to keep the work being done in his courtroom clean from that sort of a taint...

I've not read the Texas Disciplinary Rules of Professional Conduct recently. I expect Markle and the Judge have some familiarity with them... and expect it won't matter whether or not Williamson has... as it seems his own behavior and that of his associates isn't actually constrained by what they do know of the law.

Here they are:

http://www.law.uh.edu/libraries/ethics/TRPC/1.04.html

It might be worth looking at them to see what they contain that might be obvious as an issue in the current situation.

I guess the likely answer to the third question seems obviously dependent on the finding responsive to the first two inputs ???

All for now...