David,
Has the Fort Bend Clerk sought any injunctive relief from the Federal District Court in that area. If the Federal District Court in Michigan has ruled against this, the ruling provides legal precedent upon which to file a case in Texas. The ruling of the Michigan Court is secondary authority because the ruling is in a different district and circuit than Texas. Although the Michigan ruling is not binding on the Texas court, the Fort Bend Clerk would be free to cite it as authority for its position, and the Texas Court may use the Michigan ruling as a guide in a case of first impression.
If I recall the federal appeals courts in the 2nd and 4th circuits recently considered the ruling of the 9 th circuit in reaching a decision on RESPA.
I have had occasion to deal with the state courts in Texas, and have found them to be very propective of their citizens against foreign corporations operating out of Connecticut. I would be surprised if it were not also true of the federal courts in your area.
How did the down loading of these documents get past your new statute down there against the bulk transfer of these documents?
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