In a 2-1 decision, the Fourth Circuit today upheld a summary judgment and jury verdict relating to allegations that Waffle House violated the rights of a family when an employee told a family member that "we don’t serve niggers here." The majority decided that the jury’s decision purged the error in the district court’s granting
Party Waived Right to Arbitrate
The Third Circuit today affirmed a trial court’s decision that a party’s four years of litigating a possibly arbitrable dispute waived its right to arbitration. Ehleiter v. Grapetree Shores, Inc. , No. 06-2542 (3d Cir. Apr. 6, 2007). To which decision Blawgletter says amen.
Barry Barnett
SLUSA Didn’t Authorize Removal
In 1998, Congress enacted the Securities Litigation Uniform Standards Act to keep state courts from handling state law claims in securities lawsuits that the Private Securities Litigation Reform Act of 1996 made harder to win. SLUSA makes state law class actions that relate to a "covered security" removable to federal court. Today, the Second Circuit
Advice to Fredo: Tell the Truth
At his Senate confirmation hearing on January 6, 2005, Alberto Gonzales concluded his statement with these words:
I look forward to answering your questions not just at this hearing, but if I am fortunate enough to be confirmed, in the months and years ahead as we work together in the noble and high calling of
Quote of the Day: Jury Selection
Charles Dickens wrote often about lawyers and trials. In this passage from The Pickwick Papers (1836-37), he has Pickwick’s solicitor, Mr. Perker, disclose a secret to jury selection:
"Highly important–very important, my dear Sir," replied Perker. "A good, contented, well-breakfasted juryman is a capital thing to get hold of. Discontented or hungry jurymen, my dear
Passing Gas: “There is a remedy available for Congress.”
On April 2, the U.S. Supreme Court overruled the Environmental Protection Agency’s views, first, that federal law doesn’t authorize it to regulate emissions of carbon dioxide and other greenhouse gas and, second, that the agency would choose not to even if it can. President Bush said the next day that Congress, instead of the EPA
Judge Selya, Sesquipedalian
Blawgletter likes big words, and we cannot lie.
Senior Circuit Judge Bruce M. Selya of the First Circuit shares our enthusiasm for sesquipedalia. How do we know? His latest foray, just today, includes "encincture", "aegis", "chiaroscuro", "lollygagged", and "condign". Torres v. Commonwealth of Puerto Rico, No. 06-1771 (1st Cir. Apr. 4, 2007). His Honor
Verizon v. Vonage: Odd Docket Entries
Blawgletter just noticed these docket entries in Verizon Services Corp. v. Vonage Holdings Corp., No. 1:06-cv-00682-CMH-BRP (E.D. Va.):
| 04/03/2007 | 523 | Emergency Motion For An Order Directing Plaintiffs To Withdraw Restraining Notices Issued In New York State by Vonage Holdings Corp., Vonage America, Inc.(UNDER SEAL) (nhall) (Entered: 04/03/2007) |
| 04/03/2007 | 524 | NOTICE of Hearing on Motion |
Partnership Interests = Investment Contracts = Securities: Eleventh Circuit
In SEC v. Merchant Capital, LLC, No. 06-10353 (11th Cir. Apr. 4, 2007), the court reversed a judgment against the Securities and Exchange Commission after a bench trial. The SEC alleged that the defendants violated federal securities law by selling "investment contracts" that took the form of interests in "registered limited liability partnerships" or
Does Tort Litigation Kill People? Posner Weighs in.
The Honorable Richard Posner has now posted his thoughts on Jackpot Justice — a study about which Blawgletter expressed our own doubts last week. Judge Posner exposes sloppiness and far worse in Jackpot‘s calculation of how much our tort system costs. He concludes that the Jackpotian estimate "is, as I’ve tried to show