Something about a class of overseas people suing an Australian bank about securities fraud that emanated from the world's smallest continent. They lost on subject matter grounds. Seems the U.S. Securities Exchange Act doesn't reach so far. Morrison v. National Australia Bank Ltd., No. 07-0583-cv (2d Cir.
Uncategorized
Quote of the Day: Bill in Portland Maine
I am slowly going insane. That's not a complaint.
Statute of Frauds Bars Loan Promise Claim, Seventh Circuit Holds
The plaintiff claimed JPMorgan comitted to fund a cheesecake venture — in Vegas.
Last Friday the Seventh Circuit — per Judge Richard Posner — turned away a challenge to summary judgment that eliminated claims against a bank for not fulfilling an oral promise to lend money to a cheesecake-making company. The court held that…
Supremes Side with Democrats on Voting; It Got Ugly Below
The U.S. Supreme Court, in a per curiam order, dissolved a temporary restraining order that would've forced the Ohio secretary of state to do stuff that she argued would suppress voting. Brunner v. Ohio Republican Party, No. 08A332 (U.S. Oct. 17, 2008) (per curiam).
The case holds obvious…
Seventh Amendment Guarantees New Trial on Damages, Federal Circuit Rules
The Federal Circuit held last Friday that the "re-examination" clause of the seventh amendment forbids a court from changing a jury's damages award without giving the claimant the option of retrying the amount of damages. Minks v. Polaris Industries, Inc., No. 07-1490 (Fed. Cir. Oct. 17, 2008).
The jury in Minks found that Polaris Industries…
PSLRA Fells Another Class
The Eighth Circuit today upheld dismissal of a securities fraud class action. Please read the opinion. Blawgletter's in trial, baby. Elam v. Neidorff, No. 07-2833 (8th Cir. Oct. 16, 2008).
Suing Over Settlements: No Antitrust Claims for Patent Pacts, Federal Circuit Holds
The synthetic antibiotic Cipro.
The Federal Circuit yesterday affirmed summary judgment against antitrust claim-bringers who alleged that a patent holder (Bayer) illegally agreed to allocate the market for a drug (ciprofloxacin hydrochloride) when it settled litigation in which it accused potential generic manufacturers (including Barr) of infringing the patent. The settlement terms included a covenant by…
Quote of the Day: George Smith Patton, Jr.
Fifth Circuit Goes All En Banc on Venue Transfer
Dallas at least beat Marshall last week. Sorta.
The Fifth Circuit last week held, in a 10-7 en banc decision, that a district judge in Marshall, Texas (within the Eastern District) abused his discretion in refusing to transfer a car wreck case 142 miles to Dallas, Texas (the Northern District). Lots of stuff happened in Dallas —…
Texas Two-Step for Calming Credit Crisis
"The best effect is created when dancers achieve a smooth gliding motion in time to the music."
Blawgletter offers a two-part plan for ending the beginning of the credit market fiasco. The two steps will inject capital into the credit system — helping liquidity and pay-as-you-go solvency — and will also eliminate the horrifying overhang that $60-plus…




