Law, Strategy, and Risk in Commercial Disputes
The Supreme Court of Texas held last week that the courts below shouldn't have refused to certify a "takings" case as a class action on the ground that the class representatives couldn't adequately represent the interests of all class members. Riemer v. Patterson, No. 11-0548 (Tex. Feb. 22, 2013).
That doesn't amount to saying…
This week — as vast slicks of oil fowled beaches from Louisiana to Florida — the U.S. Supreme Court held against beachfront property owners. The fight involved the question of who owns seven miles of sand touching the Gulf of Mexico in the Florida Panhandle.
The startling thing? Four Justices voted to deem property rulings by state courts of…