January 2007

Spongebob
Absorbent and yellow and porous — but who?

Blawgletter remembers on-campus interviews during which a partner in Blawgletter’s law firm asked each student the question that heads this item.  Readers with kids will have already muttered the answer under their breath — SpongeBob SquarePants!  But none of the summer associate candidates knew.

Blawgletter, judging

Bbarphoto
BBar, shuffling papers.

BBar (above, before the surgery) both posts on Blawgletter and edits the award-winning monthly newsletter, Barnett’s Notes on Commercial Litigation, for his hugely prestigious business trial law firm.  That, Blawgletter suggests, reflects the extreme intelligence (and personal magnetism) of the readership.  BBar salutes you!

This post gives Blawgletter’s smartest (and

Cullystimson
Can you pick out the lawyer-bashing lawyer?

Cully Stimson’s expression of remorse for bad-mouthing Gitmo detainee lawyers hasn’t convinced many people — least of all the National Association of Criminal Defense Lawyers.  The NACDL has collected reviews of Mr. Stimson’s offensive remarks and their aftermath here.  You can also see what the NYT’s editors

Magistrate Judge V. Sue Shields yesterday declined to order plaintiffs to provide discovery regarding their "downstream" sales of ready-mix concrete.  The plaintiffs in the case, In re Ready-Mixed Concrete Price-Fixing Litigation, No. 1:05-cv-979-SEB-VSS (S.D. Ind.), allege that Indiana concrete makers, uh, fixed prices.

Whether the victims of any price fixing passed along overcharges to

A 2-1 Fifth Circuit panel vacated the district court’s certification of an ERISA case as a class action today in Langbecker v. Electronic Data Systems Corp., No. 04-41760 (5th Cir. Jan. 18, 2007).  The lawsuit involves claims that fiduciaries of an EDS 401(k) plan improperly required beneficiaries to purchase EDS common stock through the

Flyingspaghettimonster_1
Flying spaghetti monster.  Arbitragation
monster photo unavailable.

Today an en banc Fifth Circuit reversed a district court’s vacatur of an arbitration award for non-disclosure of the arbitrator’s prior professional association with the prevailing party’s lawyers.  Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 01-11432 (5th Cir. Jan. 18, 2007) (en banc

Blawgletter’s college coevals (circa 1977-81) approached gender issues very carefully.  A writer for the daily paper — which "I know it when I see it" Supreme Court Justice Potter Stewart once chaired — lampooned the up-tightness, penning an article in which he expressed anxiety about calling a woman . . . a woman.  The "man"

Blawgletter confesses a distaste for litigation about arbitration.  Instead of promising to settle fights cheaper-better-faster, arbitration agreements nowadays provide fodder for lawsuits.  Blawgletter, following the lead of its sister e-publication, Barnett’s Notes on Commercial Litigation, calls the phenomenon "arbitragation".  Get it?

A new opinion fresh out of the Sixth Circuit spotlights the

Albertogonzales

Texan (and U.S. Attorney General) Alberto Gonzales announced yesterday that the federal government will submit all requests for secret domestic surveillance to the secret Foreign Intelligence Surveillance Act court.  Read an unsecret article about the development here.

What does the decision to permit judicial oversight have to do with business trial law?  The rule