Law, Strategy, and Risk in Commercial Disputes
When a party comes to us with nine grounds for reversing the district court, that usually means there are none.
Fifth Third Mortg. Co. v. Chicago Title Ins. Co., No. 11-3795, slip op. at 1 (6th Cir. Aug. 30, 2012) (Kethledge, J.) (affirming summary judgment against title insurer whose agent defrauded lender
Yes, yes, the helicopter crash that killed people and hurt others happened in Hawaii. Lots of other stuff that may have led to the accident also took place in the Aloha State. Some relevant contacts had a nexus with France or Nevada. The defendant, though, had its main place of business in Grand Prairie, Texas…
Have you heard of fibro? As in fibromyalgia?
The folks at the Mayo Clinic describe it thus:
Fibromyalgia is a disorder characterized by widespread musculoskeletal pain accompanied by fatigue, sleep, memory and mood issues. Researchers believe that fibromyalgia amplifies painful sensations by affecting the way your brain processes pain signals.
But some people think…
The old firm used phone lines to help state fish and wildlife agencies issue fishing and hunting licenses. A new outfit said it did the same thing, only better, by employing the Internet.
Hoping to seize the future, the old firm buys the new one for about $1 million. Then it finds out the Internet-using…
It takes no expansion of the mind to understand how Texas's message disfavoring abortion would be garbled if health care providers participating in the [Women's Health Program] could identify and poster their clinics with abortion-related identifying marks.
Planned Parenthood Ass'n of Hidalgo County, Texas, Inc. v. Suehs, No. 12-50377, slip op. at 10 (5th…
Say your firm does an awesome job in a bankruptcy case. It helps the debtor come up with a plan to pay its debts, put its balance sheet in order, and emerge from Chapter 11 in near-record time.
Your firm's lodestar — hours times hourly rate — comes to $5.98 million. You ask for a $1 bonus. Only the…
Does a woman's belly show at eight months of pregnancy enough to make a potential employer's question of "[h]ow much longer do you have" questionable?
You have to ask?
How do you feel about the follow-up question: do you have any other children?
She did. And she didn't get the job.
Oddly, the case turned…
In "I Am Furious (Yellow)", Bart Simpson creates "Angry Dad", a cartoon about the rages into which Bart's dad Homer often flies. Bart puts the series online, and it becomes "the single most popular non-pornographic website of all time". Almost eight million viewers watched the episode when it aired in 2002.
Perturbation over the…
Is the liberal love affair with Anthony Kennedy — which should have ended five years ago with his preposterously patronizing opinion in Gonzales v. Carhart upholding the federal Partial-Birth Abortion Ban Act of 2003 and suggesting that women are incapable of acting in their own best interests — finally over?
Linda Greenhouse, "The Mystery of John Roberts…
Does the taxing power of Congress extend federal authority beyond the reach of the commerce clause — does it let Congress do more than it could under its power to regulate commerce? Or does it just provide a way to enforce proper exercises of the commerce power (or some other source of federal power)?
A…