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1583 results for LexBlog United States › Barry Barnett, Esq.

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  • Commercial Appeals Roundup: Week of 2-17-20

    Chance to undo discharge of claims met due process test for latent asbestosis claimants. https://www2.ca3.uscourts.gov/opinarch/191430p.pdf   Billing for road trips that never happened violated False Claims Act. https://www2.ca3.uscourts.gov/opinarch/191430p.pdf   “Royal Palm Properties” mark skirts cancellation. http://media.ca11.uscourts.gov/opinions/pub/files/201814092.pdf   Claim for bad...

  • Commercial Appeals Update: Week of 2-10-20

    Expert’s claim of “stigma” to land value from gas pipeline didn’t pass Rule 702 muster. https://www2.ca3.uscourts.gov/opinarch/183126p.pdf Letter that implied lessee paid royalties to wrong entity didn’t meet notice requirement of Louisiana statute. http://ca5.uscourts.gov/opinions/pub/19/19-30396-CV0.pdf Presence of servers in district didn’t count as regular place of business under patent venue

  • Commercial Appeals Update: Week of 2-3-20

    Lender that lost at trial wins on appeal. http://ca5.uscourts.gov/opinions/pub/18/18-31189-CV0.pdf Narrow IPR petition kept Patent Trial and Appeal Board from canceling patent claim as indefinite. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1169.Opinion.2-4-2020_1526242.pdf Lay witness shouldn’t have opined on obviousness of glass-blowing patent. http://cafc.uscourts.gov/sites/

  • Commercial Case Roundup: Week of 1-20-20

    Tension between ERISA and insider trading law heads back down to Second Circuit. https://supremecourt.gov/opinions/19pdf/18-1165_4gcj.pdf Dunning letters left identity of creditor that owned debt unclear. http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D01-21/C:19-1491:J:Hamilton:aut:T:fnOp:N:2461562:S:0 All “right, title, and interest” in ranch didn’t include oil...

  • Commercial Case Roundup: Week of 1-6-20

    ”Representative” proof supported $54 million verdict for class of truck drivers. http://cdn.ca9.uscourts.gov/datastore/opinions/2020/01/06/17-15983.pdf Lack of class-wide proof of intent doomed debt collection class action. http://ca5.uscourts.gov/opinions/pub/18/18-50551-CV0.pdf Contract didn’t require class arbitration. https://ecf.ca8.uscourts.gov/opndir/20/01/173501P.pdf PTAB’s...

  • Commercial Case Roundup: Week of 1-3-20

    “Diet” in soft drink name didn’t promise weight loss. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/12/30/18-16721_.pdf Chief Justice urges civic education. https://www.supremecourt.gov/publicinfo/year-end/2019year-endreport.pdf ERISA plan couldn’t cut interest rate retroactively. http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/doc/17-1211_opn.pdf#xml=h

  • Commercial Case Roundup: Week of 12-23-19

    ERISA allowed reformation of plan to fix impermissible definition of retirement eligibility and recalculation of benefits. http://ca2.uscourts.gov/decisions/isysquery/3cb5f6ef-79b3-4dde-8223-03947098d9ef/1/doc/18-487_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/3cb5f6ef-79b3-4dde-8223-03947098d9ef/1/hilite/ Auction of residential mortgages by repo lender met good-faith standard for

  • Commercial Case Roundup: Week of 12-16-19

    Giving up after 19 months didn’t save patent plaintiff from paying defendants’ attorneys’ fees. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2393.Opinion.12-16-2019.pdf … Amgen can keep $70 million jury award for infringement of patent on anemia drug. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1067.Opinion.12-16-2019.pdf … Bankruptcy Code pre-empted

  • Commercial Case Roundup

    Securities fraud claim required particulars of antitrust conspiracy it alleged non-disclosure of.   Confusion over one brother’s junior use of family-name trademark didn’t require broad injunction in favor of other brother’s senior use.   Subcontractor’s claim for payment against contractor in bankruptcy didn’t estop it from making claim for payment against principal.   Class notice...

  • Commercial Case Roundup

    Because my practice focuses on complex commercial disputes–especially cases involving antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas. You can follow along during the week on Twitter (contingencyblog) or...

  • Commercial Case Roundup

    Because my practice focuses on complex commercial disputes–especially cases involving antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas. You can follow along during the week on Twitter (contingencyblog) or...

  • Commercial Case Roundup: U.S. Appeals

    Because my practice focuses on complex commercial disputes–especially cases involving antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court and the 13 U.S. Courts of Appeals. You can follow along during the week on Twitter (contingencyblog) or here at The Contingency each Monday with this Commercial Case...

  • Weekly Roundup: U.S. Courts of Appeals

    Weekly round up from The Contingency on Twitter. #contingencyblog Covenant not to execute judgment, except as to available insurance, ended primary carrier’s duty to defend.   The Conservative Case for Class Actions?   Louisiana appellate ruling doesn’t bind Fifth Circuit in dispute over lease of mobile frac unit.   Cold-weather gear may not infringe Columbia...

  • Weekly Case Roundup

    Federal Circuit grants Commerce Secretary broad power to remove IPR judges to clean up appointments clause mess.   Receipt of credit report by person who doesn’t have authorization counts as Article III injury for standing purposes.   Health care records case goes back to trial court to ease certification of issues to New York Court...

  • Facts Matter

    The School of Police Supervision, at the Institute for Law Enforcement Administration, graduated its 129th class on October 25, 2019. The following is an excerpt from the address to the graduates and their friends, families, and colleagues. Facts matter. Confucius knew that. In Book VIII, Chapter 3, of the Analects, he says: A superior man,...

  • Weekly Case Roundup

    Settlement agreements required countersignatures License might not bar claim for infringement of data-streaming patent Judge can’t dismiss complaint on basis of proof at evidentiary hearing

  • Court Says Secretary of Commerce Contrived Reason for Citizenship Question in 2020 Census

    You may access the Court’s 5-4 ruling against including a citizenship question in the 2020 census here: Department of Commerce v. New York (U.S. June 27, 2019).

  • FTC Defeats Qualcomm in Fight over Monopoly in Smartphone Chips

    United States District Judge Lucy Koh ruled on May 22, 2019, after a 10-day bench trial in January, that Qualcomm has and abused “monopoly chip power”. Qualcomm Findings and Conclusions 5-22-19.

  • AT&T Wins Permission to Marry Time Warner

    Judge Richard Leon, of the United States District Court for the District of Columbia, ruled today that the United States failed to persuade him to block AT&T’s bid to acquire Time Warner under antitrust law. See the 172-page opus here: AT&T Opinion 6-12-18

  • LIBOR Over-the-Counter Plaintiffs Win Class Certification of Price-Fixing Claims Against Banks

    Today, United States District Judge Naomi Reice Buchwald in Manhattan issued LIBOR VII, in which the court granted class certification under Rule 23(b)(3) to a class of plaintiffs who bought over-the-counter instruments that paid interest in terms of the London Interbank Offered Rate (LIBOR) and who allege that LIBOR-setting banks conspired to suppress LIBOR during the...

  • Preparing difficult witnesses for trial: Hardest questions, dry runs, keeping a safe distance, and conclusion

      This coming Thursday, I’ll give a talk about Preparing Difficult Witnesses for Trial at the University of Texas law school Civil Litigation Conference in Austin. My series of posts on the subject ends with this one — and it’s the best one of them all, in my view. Draft the hardest questions (HQs) memo. Every...

  • Preparing difficult witnesses for trial: Story of me, full interview, and explaining what matters and why

    In this penultimate installment of my series on preparing difficult witnesses (DWs) for trial, we get to some of the real nitty-gritty: Learning the story of me, doing a full interview, and then explaining what matters and why. As will become clear, the sequence matters — a lot.  Learn the DW’s story of me. People love to...

  • Preparing Difficult Witnesses for Trial — Part 3

    In Part 3 of our Preparing Difficult Witnesses for Trial series (see Part 1 and Part 2), we study a key aspect of trial-team dynamics and the necessity of getting face-to-face with difficult witnesses (DWs). Include a non-lawyer on the trial team. My firm, Susman Godfrey, assembles a unique trial team for each case. We don’t...

  • Preparing Difficult Witnesses for Trial — Part 2

    In Preparing Difficult Witnesses for Trial — Part 1, we looked at the four major types of trial witnesses. We also sketched “some of the more significant ethical considerations that govern your dealings with each category”. We then took “a short and non-exhaustive look at the two major privileges that trial lawyers deal with: the...

  • Preparing Difficult Witnesses for Trial — Part 1

    For your client to win at trial, the trial lawyer in you must tell a human story, one that moves jurors to decide in your client’s favor. Flesh-and-blood witnesses fill essential roles in the drama. So-so ones will turn the story to mush, and bad ones will allow your friend on the other side to...

  • Multiples for Pharma Buyers Pursuing Opt-Out Antitrust Claims

    Existential threshold The number of companies that can bring treble-damages claims against drug manufacturers for violating federal antitrust law has dwindled. The scarcity has grown so acute that last week it crossed an existential threshold. For the first time ever, a federal judge in Philadelphia ruled that a class of direct pharmaceuticals purchasers did not...

  • Pharma Buyers Too Few for Class

    U.S. District Judge Mitchell S. Goldberg ruled on August 28, 2017 that a class of 24 to 25 direct purchasers did not satisfy the “numerosity” requirement of Rule 23(a)(1) for class certification. Florence Drug Co. of Florence, Inc. v. Cephalon, Inc., No. 06-c-1797, ECF 1072 (E.D. Pa. Aug. 28, 2017), on remand from In re Modafanil Antitrust Litig., 837...

  • Big Pharma Faces More Pay-for-Delay Fallout

    Pay-for-delay Listen up, direct purchasers of pharmaceuticals. Since 2013, pay-for-delay antitrust cases against Big Pharma could succeed if they alleged that a brand-name drug company had made “large and unjustified” payments for a competitor to postpone bringing a generic substitute to market. FTC v. Actavis, Inc., 133 S. Ct. 2223, 2237 (2013). But how “large” and how “unjustified” does Actavis 

  • Uber Detours Price-Fixing Case

    Because arbitration If you’ve ever felt that Uber costs more than it should, you can forget about fixing that in court. Under a new ruling by the Second Circuit, no matter how good your claim and regardless of how much money it involves, Uber can beat you every time. Every. Single. Time. Price-fixing case Spencer...

  • Dieselgate — Antitrust Edition

    You will recall that two years ago Volkswagen got in $14.7 billion worth of class action trouble for rigging software in its diesel cars to fake compliance with U.S. emission standards. The We now learn that Volkswagen didn’t act alone. Something rotten in Stuttgart The German weekly news magazine Der Spiegel revealed over the weekend...

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