Because my practice focuses on complex commercial disputes–especially ones involving antitrust, energy, or intellectual property–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas.
Appeals courts kept churning out rulings in the commercial sphere last week, but even more than usual dealt with IP issues—10 of 12 by my count, with one oil and gas and one class action rounding out the dozen.
The Supreme Court Itself spoke up, ruling in a trademark death-match that the end of previous …
COVID-19 didn’t slow the appellate courts last week, as you can see from the 16 entries below.
- Race must “motivate” decision not to make contract under 42 U.S.C. 1981. https://supremecourt.gov/opinions/19pdf/18-
- Fifth Circuit will rehear case on constitutionality of CFSB en banc. http://ca5.uscourts.gov/opinions/pub/18/18-60302-CV1.pdf… and http://ca5.uscourts.gov/opinions/pub/18/18-60302-CV0.pdf
- You can’t
In this time of concern and disruption over Covid-19, I and my colleagues at Susman Godfrey (SG) are busy taking steps to safeguard our firm family while continuing to be proactive in protecting the interests of our clients and moving matters forward as necessary and appropriate. I hope that you, your colleagues, and your families…
- Buyers of auto parts didn’t agree to arbitrate antitrust claims against suppliers by taking on Limited Warranty servicing duties. https://opn.ca6.uscourts.gov/opinions.pdf/20a0053p-06.pdf
- Comcast must answer monopolization claims in case over local cable ads markets. http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D02-24/C:18-2852:J:Hamilton:aut:T:fnOp:N:2477274:S:0
- Rampant use of Western Union’s money-transfer system to commit fraud didn’t give rise to strong inference that execs
- Phone system that makes calls “using a random or sequential number generator” doesn’t offend Telephone Consumers Protection Act. http://media.ca11.uscourts.gov/opinions/pub/files/201814499.pdf
- “The place of jurisdiction is Vienna” permits but does not mandate litigation in Austria’s capital. https://courts.delaware.gov/Opinions/Download.aspx?id=301050
- Complaint that buyer of company shorted seller on payout by hiding flip opportunity stated fraud claim.
In 2014, the ABA Journal called the Fifth Circuit the “nation’s most divisive, controversial and conservative appeals court”. Liberal blog Jezebel deemed it “exceedingly conservative”. Even The Wall Street Journal described the court this year as “conservative-leaning”.
But in a recent case over limits on voting rights, the court ruled for the left-leaning opponents of the restrictions. And last week, the court sitting en banc voted 11-5 to revive a $250+ million class action. Torres v. S.G.E. Management, L.L.C., No. 14-20128 (5th Cir. Sept. 30, 2016) (en banc).
Has the court’s center of gravity shifted?
How will lower federal courts react to the loss of a 5-4 pro-business majority on the U.S. Supreme Court?
Using a fraction of a fraction instead of a percentage can cost an oil and gas fortune.
The lesson came in Hyshaw v. Dawkins, No. 14-0984 (Tex. Jan. 29, 2016), a fight over a 69 year-old will. It shows what a mess can result from the fondness of oil and gas people for a particular kind of fraction — the sort with an eight in the denominator.…
Continue Reading Oil and Gas + Fractions Equal a Mess
Last Thursday, the Association for Corporate Growth hosted a talk in Dallas about deals that result in a lawsuit or arbitration. Several dozen deal-makers, mergers and acquisitions lawyers, and consultants attended. The Honorable Jeff Kaplan of JAMS, Elizabeth Brandon of Vinson & Elkins, and I gave the talk. Ladd Hirsch of Diamond McCarthy organized and moderated the event. In a little over an hour, we discussed the characteristics that commonly occur in transactions that produce formal claims, offered suggestions on how deal-makers can manage the risk of earl disputes, and answered several thoughtful questions from the audience. I enjoyed the session immensely. Please see my review of the lively discussion below.…
Continue Reading Why Some Deals Result in Disputes