Another article on the silliness of TX courts...

Judge bases court order for Wal-Mart trial on UA, UT football rivalry


FAYETTEVILLE - In a highly unusual situation, a judge in Texas is ordering a lawsuit against Wal-Mart to hold court, in Texarkana. His reason? A college football rivalry.

According to Judge James Nowlin, because Wal-Mart, and the plaintiff, cannot agree on which state, Arkansas or Texas, to meet in to hold trial, he's ordering them to what he calls "neutral ground," splitting the state line. But, his comments are anything but neutral.

According to an actual court order, the plaintiff, Ruth Waggoner, wanted the deposition of Wal-Mart's representative to take place in San Antonio. But Wal-Mart wanted the deposition to take place in Bentonville.

Now, according to an official court order by Judge James Nowlin of the U.S. District Court for the Western District of Texas, Judge Nowlin is citing the U of A, University of Texas rivalry as the reason why the two sides cannot agree on a trial site, and orders that the deposition will happen in Texarkana, with each party on their side of the state line.

The story becomes more wild with the judge's comments, on the order. He states: "surely the defendant's corporate representative, a resident of Arkansas, would feel great humiliation by being forced to enter the home state of the University of Texas, where the legendary Texas Longhorns have wrought havoc on the Arkansas Razorbacks with an impressive 55-21 all-time series record."

Judge Nowlin goes on to say, "the Razorbacks, who disgracefully retreated from the Southwest Conference to the gentler pastures of the Southeastern Conference, could have likely learned a lesson about stamina and perseverance in the face of battle by visiting the Alamo in San Antonio."

Some Razorback supporters say what the judge did was not professional. Connor Henderson, a recent Arkansas transplant, says he thinks the judge is in the wrong occupation. "I would tell him that he needs to get another job, because he has no idea what he's doing, and that he's blowing things out of proportion."

Holly Lovell is a Texas native, but even she says Judge Nowlin has taken things too far, expecially in regards to the plantiff. "I think that is completely wrong and disrespectful, very much so, to the family. I love Texas, but I don't think he should do that."

Others, like Razorback fan Scott Howie of Harrison, say the judge's order, and the whole scenario, is pretty amusing. "I think it could be very entertaining, depending on what it was about. That's pretty interesting, but you know, as long as we call the Hogs, we'll have our day in court."

Regardless of the way people feel about the judge's decision, everyone says they've never seen a court order like this, before. Order was signed May 3rd, 2008, this case goes to trial because, according to the judge's court order, the two sides must meet outside, on the steps of the Texarkana Federal Building, because it straddles the state line, on June 11, 2008.

And, Judge Nowlin is specifically ordering each party to remain on their own state's turf.