Last month, the Second Circuit clarified its precedents on when a non-signatory to a contract that includes an arbitration clause may compel a signatory to arbitrate their dispute. Today, the court followed its decision in Sokol Holdings, Inc. v. BMB Munai, Inc., No. 07-2871 (2d Cir. Sept. 18, 2008), to turn back another non-signatory's effort to
Texas Supremes Bar Claims to Padre Island; Too Many Sands Through Hourglass
South Padre Island.
The Supreme Court of Texas today held that the passage of time barred claims against a New York lawyer for fraudulently acquiring oil and gas and other property interests in the world's longest barrier island. Kerlin v. Sauceda, No. 05-0653 (Tex. Oct. 10, 2008).
The genesis of the litigation
Rule 23(f) Strikes Again; Second Circuit Makes Class Cert Even Harder; Grubman Grins
Blawgletter likes to fuss about the heightening of hurdles, embiggening of traps, and sharpening of snares along the obstacle course that class litigation has become.
So imagine our delight today upon reading Millowitz v. Citigroup Global Markets, Inc. (In re Salomon Analyst Metromedia Litig.), No. 06-3225-cv (2d Cir. Sept. 30, 2008).
The class of
Fowl Play? Eggsactly.
Mama?
Legal actions that commenced this week may help answer which came first — the chicken or the egg.
Probably not.
On September 24, the Humane Society of the United States aimed its public interest talons at a trade association. The Society’s press release starts thus:
Agribusiness Cartel Provides Lowest Possible Care for Birds,
Cleanup on Aisle Chapter 11; Plus, Top Five Impending Lehman Lawsuits
The kind of sweeping we have in mind requires a bar card.
Lawyers keep the messiness of commerce tidy. Tidier, anyway. In good times, they scriven articles of incorporation and write all kinds of nifty contracts. And when the fertilizer strikes the air conditioner, they draft and prosecute litigation.
What with the Lehman
Tenth Circuit Extends American Pipe; Tolling for Opt-Outs
For whom American Pipe tolls?
The pendency of a putative class action stops the clock on statutes of limitations for the benefit of putative members of the putative class — at least until a court negatives the putative. So the Court held in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974).
Enron Opt Outs Dodge Limitations Bullet
Indeed.
Who says persistence doesn’t pay off?
Ask the 1,200 or so Enron investors who two days ago won reprieve from a death sentence on their claims for fraud. Going on seven years after they tried to sue, the Fifth Circuit allowed them to try again in state court. Newby v. Enron Corp., No.
JPML Roundup
The Judicial Panel on Multidistrict Litigation has churned out a slew of Transfer Orders following its hearing session on July 31 in San Francisco. The Panel next convenes on September 25 at Blawgletter’s (law school) alma mater. Check out the Notice of Hearing Session and Hearing Session Order.
How did the July session shake
The Vasty Deep: Second Circuit Calls Up Discretion on Class Fee Awards
In Henry IV, Shakespeare has the braggart Glendower claim that "I can call spirits from the vasty deep." Glendower’s equally pompous cousin Hotspur replies with "[w]hy, so can I, or so can any man. But will they come when you do call for them?"
Indeed.
Today the Second Circuit upheld the vast depth of district
Empagran Kills DRAM; Also Quote of the Day: John T. Noonan, Jr.
Chinese DRAMs. Xie xie.
Today the Ninth Circuit dealt a death blow to a price-fixing case against foreign and domestic makers of those silicon-and-metal dealies that enable your computer to remember megabytes and even gigabytes of stuff and to recall it on command. The reason? The putative class of buyers all bought their dynamic random