Voltaire said "perfection is the enemy of the good". The Texas Supreme Court disagrees.
Blawgletter recalls our horror, on a fall day in 1981, when the civil procedure professor revealed that appellate courts could — in fact usually must — delay correcting egregious trial court errors until after final judgment. But why, we wanted
Tubular, man!
The Sixth Circuit yesterday upheld an $11.5 million jury award to a class of Northeastern Ohio scrap metal "generators". The generators alleged that scrap "processors" conspired not to compete with each other on bids for the ferrous and non-ferrous stuff the generators generated. The result? Lower prices for their scrap. About, oh
In 1905 — his "miracle year" — physicist Albert Einstein wrote four path-breaking papers. One of them revealed his special theory of relativity. In it, he disclosed that electromagnetic waves, including light, always travel at a constant speed — about 186,000 miles per hour — but that our observation of them depends on
You know the Clear Channel case in San Antonio against a bunch of banks for refusing to fund a loan that would enable private equity firms to buy a chunk of the company? The one that a Bexar County district judge refused to dismiss in favor of a New York forum? And the one in
Forum and venue selection clauses pick a jurisdiction/place (or jurisdictions/places) where contracting parties must (or may) litigate disputes. "Mandatory" clauses dictate the parties’ exclusive options — and usually they specify just one. "Permissive" ones grant the parties the right to file in a particular forum/spot but don’t prohibit them from suing elsewhere. A "hybrid" clause
[Today we begin a series — likely an occasional one — on an Extremely Serious Subject: The efficiency of the federal courts in handling civil litigation. This installment begins the journey.]
Rudyard Kipling‘s Just So Stories include the marvelous one about "The Elephant’s Child". It tells how the elephant got its trunk.
In what
Have a look at the latest issue of Barnett’s Notes on Commercial Litigation. You’ll find there:
1. Uniform (Contingent Fee) Rates — Bah! Refuting humbug.
2. Did You Know? An associate knocks another one out of the park.
3. The Value of Class Actions. The Second Circuit reverses to affirm class
A presidential candidate spoke yesterday about the federal judiciary:
In America, the constitutional restraint on power is as fundamental as the exercise of power, and often more so. Yet the framers knew that these restraints would not always be observed. They were idealists, but they were worldly men as well, and they knew that abuses
Today we welcome a guest blawger — the Senior Vice President & General Counsel of Zix Corporation (NASDAQ:ZIXI), Ronald A. Woessner.
Ron knows a thing or two about data encryption. As Zix’s homepage says:
Zix Corporation is the leading provider of services that Connect entities to Protect and Deliver sensitive information. ZixCorp’s hosted Email
Since (again) becoming a one-party bastion in 1999, the Supreme Court of Texas has lost influence with other states’ high courts. It has also drawn accusations of pro-business bias and undue delay.
The Court’s 5-4 ruling last Friday in Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008), probably won’t help.
The