The U.S. Supreme Court today reversed a Second Circuit ruling that upheld the right of New York to bar class actions seeking penalties under Empire State law. The decision failed to net a majority, and as a result you'll need to study closely the concurrence and dissent to see what the Court actually said.
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Creditor Inherits Wind, Fifth Circuit Holds
By Barry Barnett on
Two makers of spray-tanning machines, Mist-On and Laughlin Products, sued a customer, Nouveau Body & Tan, for saying ugly things about their devices.
Bad move.
Nouveau struck back by charging Mist-On with selling it bad spray-tanners. Nouveau won a judgment against Mist-On and its president, Thomas J. Laughlin, for more than $1 million. They couldn't pay, and Mr. Laughlin…
False Claims Act Claim Died in Pre-Suit Release, Fourth Circuit Holds
By Barry Barnett on
The False Claims Act lets people sue on behalf of the U.S. government to fight fraud it didn't know about — and collect a nice reward. But does it let the FCA plaintiff — or qui tam relator — release claims against the target but sue anyway?
Today the Fourth Circuit said no. Mark Radcliffe, an employee of Purdue…
An Ugly Mood
By Barry Barnett on
Bloomberg reports today the results of a survey on how much Americans like business execs, insurance companies, banks, and — yes — the folks who work in the Capitol. Just look:
- 54 percent feel unhappy about banks
- 57 percent dislike Wall Street, a little or a lot
- 65 percent distrust business executives
- 67 percent disdain Congress
…
Fifth Circuit Weighs Passive Voice, Holds Insurers Must Pay for Stanford Defense
By Barry Barnett on
Blawgletter disdains passive voice. If you don't believe us, look here, where we said:
[P]assive voice in legal writing shows disrespect to the reader. It lengthens, complicates, and obstructs writing; it forces the reader to remember too much, to fill too many gaps, to work too hard. The audience deserves better.
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Texas Supremes Allow Appeal of Arbitration Do-Over Order
By Barry Barnett on
The Supreme Court of Texas today upheld the right to appeal from an order that vacates an arbitration award under the Texas Arbitration Act and directs a rehearing with a different arbitrator.
The Court relied on TAA's provision that "[a] party may appeal a judgment or decree entered under this chapter or an order . . .
Quote of the Day: Kentucky Constitution
By Barry Barnett on
I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I
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Federal Judiciary Update
By Barry Barnett on
Confirmations in 2010
March 02, 2010 Barbara Milano Keenan, of Virginia, to be United States Circuit Judge for the Fourth Circuit.
February 09, 2010 Joseph A. Greenaway, Jr., of New Jersey, to be United States…
Lawyers May Not Advise Debtors to “Load Up” on Debt, Supreme Court Holds; Ads Must Mention “Bankruptcy”
By Barry Barnett on
Five years ago, Congress clamped down on small-time debtors by passing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The Act helped the consumer credit industry. No longer could people wipe out credit card and other debt by filing for liquidation under Chapter 7. They'd instead have to go under Chapter 13…
Right to Seek “Other . . . Remedies” Doesn’t Negate Arbitration Mandate, per First Circuit
By Barry Barnett on
The contract, after saying the parties "shall" arbitrate any dispute, adds:
Nothing in this clause shall prejudice Syntel or PowerShare's right to seek injunctive relief or any other equitable/legal relief or remedies available under law.
Does that mean Syntel or PowerShare can run to court? Because it allows "any . . . equitable/legal relief or remedies…