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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2026, Barry Barnett

non-arbitrable

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Lawsuit on the Side Doesn’t Hinder Right to Arbitrate, Federal Circuit Affirms

By Barry Barnett on March 28, 2012

Can you avoid your promise to arbitrate a dispute, or slow the process down, if you and the bad guy also have a lawsuit going on at the same time?

Nope. Promega Corp. v. Life Technologies Corp., No. 11-1263, slip op. 12 (Fed. Cir. Mar. 28, 2012) ("The district court's duty to compel arbitration…

Posted in Intellectual Property

Barry Barnett, Susman Godfrey L.L.P.

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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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