The Fifth Circuit knows that Blawgletter loves them.
Yesterday’s Fifth Circuit decision (with one judge concurring in the result) does some things that class action and securities lawyers ought to know about. Regents of the University of California v. Credit Suisse First Boston (USA), Inc., No. 06-20856 (5th Cir. Mar. 19, 2007). Blawgletter offers
The Federal Circuit today issued two opinions relating to patent law — one affirming a district court’s conclusion, following a bench trial, that the claimant’s inequitable conduct during patent prosecution rendered the patent unenforceable and the other reversing a summary judgment of infringement as to one patent claim and ordering reconsideration of the infringement issue
Sachet bundles. Will you help Blawgletter write
an amicus brief?
Today, the Ninth Circuit issued an order inviting amicus briefs on important antitrust issues:
Whether a plaintiff who seeks to establish the predatory or anticompetitive conduct element of an attempted monopolization claim under section 2 of the Sherman Act by showing that the defendant
A unanimous U.S. Supreme Court today resolved a 5-4 circuit split by invalidating a rule that barred recovery of attorneys’ fees against a debtor in bankruptcy if the fees arose from litigating issues "peculiar" to bankruptcy law.
The petitioner in the case, Travelers Casualty & Surety Co. of America, filed papers in the bankruptcy of
Bill Lerach vowed a swift appeal
to the U.S. Supreme Court.
The Fifth Circuit’s decertification order hinges on its conclusion that neither the Affiliated Ute nor the Basic, Inc. v. Levinson fraud-on-the-market presumption of reliance applies to the facts of the case. Delving into the merits of the fraud by silence claims, the court held
The Associated Press reported this afternoon that the Fifth Circuit decertified a class action against Enron’s investment bankers. More to follow.
Barry Barnett
The Eleventh Circuit affirmed today a summary judgment against a woman who alleged that her employer subjected her to a hostile work environment in violation of Title VII, which prohibits sex discrimination in employment. In reaching its conclusions, the court clarified what an employer must do to establish an affirmative defense to a Title VII
Continuing with our dental theme today, Blawgletter offers a mainstream media take on the state of antitrust law — and how it has hewed ever more closely to law and economics doctrine. See David G. Savage, "Antitrust law losing its teeth", Los Angeles Times, Mar. 19, 2007.
Barry Barnett
Last Friday, in a 2-1 decision, the Sixth Circuit overturned a nearly $500,000 award to a septuagenarian dentist for age discrimination. The court noted that Rule 408 of the Federal Rules of Evidence bars use of a settlement offer "to prove liability for or invalidity of the claim or its amount." The court held that
Yahoo! stock performance in 2000. See a trend?
Yahoo! Blawgletter suspects that Michael Lessin wishes he’d never heard the word and that he rues even more that he invested $5.6 million in the eponymous stock.
After losing his entire Yahoo! investment when the tech bubble burst in 2000, Mr. Lessin arbitrated his claims to
