The Seventh Circuit today did again something that it does quite often — it reaffirmed its faith in the wisdom of markets.
The market in question involves commerce in legal services. Specifically, the work that class action lawyers provide on a contingent fee basis under the "common fund" doctrine (which pays lawyers out of the
The Supreme Court has posted a transcript of the oral argument in Stonebridge Inv. LLC v. Scientific-Atlanta, Inc., No. 06-43, on Tuesday.
Blawgletter’s read: The Stonebridge "scheme" liability will go the way of Central Bank "aiding and abetting" liability — dead, dead, dead.
Barry Barnett
Do you seek a savage beating? Help you I can, yes.
The Jedi master said to his apprentice Luke:
Try not. Do — or do not. There is no try.
Barry Barnett
Inequitable conduct in dealings with the U.S. Patent and Trademark Office may expose patents to an unenforceability defense. Today, the Federal Circuit considered a "collection" of missteps by an inventor who chose to represent himself before the PTO. The mistakes included paying small entity (rather than large entity) maintenance fees, failing to disclose an affiant’s
The Eighth Circuit held today that incorporating a construction contract by reference into a performance bond didn’t bind the bond-issuer to an arbitration clause in the contract. The court thus affirmed an order denying a motion to compel Liberty Mutual to arbitrate Mandaree’s claims on a bond that Liberty issued to Tooz Construction for remodeling
Samuel Clemens — Mark Twain — exposed bigotry.
Blawgletter shies from political-type fights. Yet we feel an urge to point out that bidness doesn’t always beat govment.
We say govment in honor (and ridicule) of Huckleberry Finn’s father — Pap Finn. Pap says lots of prime things. They include:
Oh, yes, this is a wonderful
The Supreme Court heard oral arguments this morning in Stoneridge Inv. LLC v. Scientific-Atlanta, Inc., No. 06-43. The case has people all atwitter.
From reading the WSJ, for example, you might think that Stoneridge threatens a securities law Armageddon. Only coch-roaches (and possibly class action lawyers) will survive.
Blawgletter doesn’t see the case
With the ferment in private equity deals going flat lately, Blawgletter notes with approval the pending marriage between SABMiller and MolsonCoors. The two brewing behemoths will combine U.S. operations to compete better with beer brute Anheuser-Busch. The deal hops their joint production to 69 million barrels of the frothy, yeasty, and barley-malty beverage per
Private equiteers took a blow yesterday, when student lender SLM Corporation sued to force them to close a $25 billion buy-out deal. WSJ report here; NYT version here.
The lawsuit, in Delaware Chancery Court, turns on whether a "Material Adverse Effect" occurred after the parties signed their agreement. Blawgletter quoted the definition of
Christopher Columbus at Wooster Square in New Haven.
Blawgletter realized late this morning why production of new court of appeals decisions seemed so sluggish. America’s annual celebration of its discovery, we remembered at last, gave the federal judiciary an official holiday.
We can claim little excuse for the tardy epiphany. Tip-offs included:
