The Strait of Gibraltar pinches the Atlantic Ocean and Mediterranean Sea into a 7.7-mile slit of water that joins the two great saltwater masses. Ancient writers called mounts on each side of the channel — including the Rock of Gibraltar — the Pillars of Hercules. The Pillars marked the far point of Hercules's wide
Forum Non Shunts Loan Case to Bulgaria in Seventh Circuit
The Seventh Circuit today upheld a forum non conveniens ruling. The order under review sent a Bulgarian company's case against a Bulgarian bank and its American parent to Bulgaria. Anecdotes about corruption in the Balkan state's courts didn't impress the panel, nor did Bulgaria's hefty filing fee, among other things that Their Honors found not enough to keep
Susman Godfrey Makes Seven Partners
Blawgletter's firm had seven associates up for partner this year. This morning, we voted to invite all of them to join the partnership.
Congratulations to Jeremy Brandon (Dallas), Warren Burns (Dallas), Richard Hess (Houston), Alex Kaplan (Houston), Tibor Nagy (New York), Kalpana Srinivasan (Los Angeles), and Lexie White (Houston).
Fifth Circuit Kicks RESPA Class, Allows State Law Class in Title Insurance Case
Texas law gives a price break on title insurance to people who refinance their home equity loans in less than seven years. Many don't know about their right to a discount. Title insurers don't always tell them.
In Sims v. Stewart Title Guaranty Co., No. 09-10127 (5th Cir. Dec. 9, 2009), John and Lucy Mims and Helen
Fee Deals
Even in a strong economy, clients – you – should look at ways to get the most value from your lawyer's services. That starts with picking the right lawyer, of course, but aligning your interests with him or her matters a lot, too.
Different fee arrangements create different incentives. An hourly engagement tends to give
Supremes Bar Right to Test Order That Strips Privilege; Sotomayor Pens Her First Opinion
Congress allows appeals from "final" judgments but seldom other kinds. 28 U.S.C. 1291. An order that rejects most but not all claims on a motion to dismiss, for instance, doesn't count as final. (One to stand while speaking in court or to wear a yellow tie doesn't either.) But what if the ruling requires you to give
Merck Lawyer Takes Nicks on Question of Timely Securities Complaint in Supreme Court
Yesterday, the Supreme Court peppered Merck's lawyer with hot questions. Before he started, at least, the advocate likely harbored hope that he could convince Their Honors that the two-year statute of limitations under 28 U.S.C. 1658(b) starts running before the plaintiff could have alleged enough facts to survive a motion to dismiss under the tough pleading standards of Bell Atl. Corp.
Supremes Take Aussie Securities Case
Seldom does Blawgletter get the chance to copy something we wrote a year ago, plop it into a post, and hit "Publish".
The Supremes gave us the excuse today by granting cert in Morrison v. Nat'l Australia Bank Ltd., No. 08-1191 (U.S. Nov. 30, 2009), about which we noted last October:
Down Under Securities
Stool Pigeon Can’t Sue for Libel, Second Circuit Holds
Last week, just before Thanksgiving, the Second Circuit shot a big turkey. The fowl in question – a jailbird actually — claimed that New York Daily News and The Polish Daily News defamed him. Their repute-blackening words? That Shemtov Michtavi, a drug offender, planned to sing like a canary.
The district court blasted the libel claim, holding that it couldn't fly
Arbitrators, Not Court, Must Decide Who Pays AAA Fees, Fifth Circuit Holds; Blood from a Turnip?
The Arbitration Act of 1925 set up a regime aiming to settle disputes quickly and cheaply. The system depends on courts to make it work. Courts don't do quick and cheap. Sorry.
The Fifth Circuit proved the point this week. The appeal turned on whether a district court erred by ordering a respondent in an arbitration (Old Colony) to pay $29,600 as a deposit to cover American