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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2025, Barry Barnett

Eleventh Circuit

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Florida Water Control District Blows Away Qui Tam Case

By Barry Barnett on January 2, 2014

Florida CanalThe South Florida Water Management District took funds from the Federal Emergency Management Agency, not to fix hurricane damage to levees and canals but to make "permanent flood control repairs". United States ex rel. Lesinski v. South Florida Water Mgmt. Dist., No. 12-16082 (11th Cir. Jan. 2, 2014).

Or so an ex-employee of the District alleged in a …

Posted in Uncategorized

Polydactyl Cats on Key West Affect Commerce, Eleventh Circuit Rules; Hemingway and Snowball

By Barry Barnett on December 14, 2012

The federal man came from grim shellshock on the swampy mainland far north, just this side of the line. It didnt matter. He must feel anguish. The yowling menace he saw meant that nothing but quietus would suit his alien vision of needful harsh loss. Or maybe just a license.

The old guy watched the

…

Posted in Uncategorized

“No-Action” Clause Barred Suit by Holders of Notes, Eleventh Circuit Holds

By Barry Barnett on April 27, 2012

When a firm borrows money by selling an issue of bonds or notes to the public, it does so under an "indenture" that sets out the loan terms and creates a trust in favor of the buyers. The indenture also names a trustee to run the trust for the benefit of people who acquire the…

Posted in Uncategorized

Okay for Suits in State Courts Doesn’t Bar Actions in Federal Ones, Supreme Court Holds

By Barry Barnett on January 21, 2012

The Telephone Consumer Protection Act of 1991 provides that a private person who claims a violation of the act may sue "in an appropriate court of [a] State" so long as "the laws or rules of court of [the] State" permit the suit. 47 U.S.C. §§ 227(b)(3) & (c)(5). May the person also bring her…

Posted in Uncategorized

Lenders Can Boycott Debtor’s Offers to Repay at Discount, Eleventh Circuit Holds

By Barry Barnett on November 10, 2011

Suppose you took out loans to help pay the costs of running your business. You later suffer some setbacks. Bad ones. The market price of the loans, and their value on your lenders' books, take a tumble. In a fair world, those who made the loans would gladly let you pay off the debt at a discount, right?…

Posted in Antitrust

Quote of the Day: Joel Fredrick Dubina

By Barry Barnett on August 12, 2011

We . . . refuse to abdicate our constitutional duty when Congress has acted beyond its enumerated Commerce Clause power in mandating that Americans, from cradle to grave, purchase an insurance product from a private company.

Florida v. United States Dept. of Health & Human Services, No. 11-11021 (11th Cir. Aug. 12, 2011) (Dubina, C.J.) (striking

…

Posted in Uncategorized

Barry Barnett, Susman Godfrey L.L.P.

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Website: https://www.susmangodfrey.com/attorneys/barry-barnett/

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Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

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