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Barry Barnett
Business trial lawyer
Recent Activity
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CLE Panels of Judges Have you noticed how many continuing legal education programs feature "judges panels" and urge you to attend so their honors can instruct you in how to win your next case? A blurb about an upcoming "Legal... Continue reading
Posted Jul 16, 2014 at Blawgletter®
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Our last four posts on the highest civil court in the Lone Star State went from Bloody Day at Texas Supreme Court (Mar. 28, 2014) to Do Plaintiffs Stand a Chance in the Supreme Court of Texas? (Apr. 25) to... Continue reading
Posted Jul 13, 2014 at Blawgletter®
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A Question of Efficiency Will quick review of a final judgment in just one of many cases that make up a large multi-district litigation bog the MDL process down -- or make it work better? Defense lawyers insist that consolidation... Continue reading
Posted Jul 11, 2014 at Blawgletter®
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If you’ve thought about filing a business lawsuit in federal court or you have one underway already, you’ll probably want to read about two still-in-process studies by Columbia University and Harvard University law school professors on how the U.S. Supreme... Continue reading
Posted Jul 8, 2014 at Blawgletter®
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Get ready for the Supreme Court to resolve a question that has divided courts of appeals for years: Whether and in what circumstances is the dismissal of an action that has been consolidated with other suits immediately appealable? If that... Continue reading
Posted Jul 1, 2014 at Blawgletter®
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A June 25th ruling by the Supreme Court cleared the way for workers to bring claims under the Employee Retirement Income Secuirity Act of 1974 against ERISA plan fiduciaries who imprudently allow or require the employees to invest in their... Continue reading
Posted Jun 30, 2014 at Blawgletter®
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Vault just came out with its 2015 rankings of the Best Law Firms. In the Litigation Boutiques category, Susman Godfrey L.L.P. won top honors. Vault's Overview notes: Count Susman Godfrey . . . as one of the true boutiques. The... Continue reading
Posted Jun 26, 2014 at Blawgletter®
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No more over-the-air TV on your laptop? The Supreme Court today struck a mighty blow against Internet television. Firms that beam television programs to Internet users for a fee now face staggering liability for copyright infringement. The 6-3 Court held... Continue reading
Posted Jun 25, 2014 at Blawgletter®
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In the last two weeks, the Supreme Court of Texas ruled as follows in the 11 cases it decided: Threw out $46.5 million jury verdict for the owner of the Rivercenter Mall and the ground beneath the Marriott Riverwalk hotel... Continue reading
Posted Jun 23, 2014 at Blawgletter®
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Basic survives -- barely The Supreme Court held today that plaintiffs in securities fraud cases may continue to use a 26-year-old presumption that "the price of stock traded in an efficient market reflects all public, material information -- including material... Continue reading
Posted Jun 23, 2014 at Blawgletter®
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Broad patents You could get really rich if you had a patent on something like "a device that can make and receive wireless phone calls". That would cover every wireless phone, dumb and smart, that ever existed. It would include... Continue reading
Posted Jun 19, 2014 at Blawgletter®
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Apple settles Apple has settled up to $841 million of antitrust claims by state attorneys-general and a nationwide class of consumers who bought e-books from Apple and its publisher co-conspirators. The pact comes almost a year after U.S. District Judge... Continue reading
Posted Jun 18, 2014 at Blawgletter®
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Billions in bonds You have a $2.5 billion judgment in a U.S. court against Argentina on bonds it defaulted on, but you have a problem. You can't find assets in the U.S. to satisfy the judgment. The pesky Argentines keep... Continue reading
Posted Jun 16, 2014 at Blawgletter®
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If you need to sue somebody for stealing your customers with false advertising, don't worry about a conflict between two federal statutes -- the Food, Drug, and Cosmetic Act and the Lanham Act. No conflict exists, the Supreme Court held... Continue reading
Posted Jun 12, 2014 at Blawgletter®
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Limitations v. Repose The U.S. Supreme Court held today that Congress preempted "statutes of limitations" -- but not "statutes of repose" -- for toxic tort cases. The Court explained that limitations periods require plaintiffs to bring claims promptly but that... Continue reading
Posted Jun 9, 2014 at Blawgletter®
Foreign firms lose billions Every year, non-U.S. firms overpay billions and billions of dollars for goods and services as a result of price-fixing, collusive market-splitting, and other restraints of trade. But many of the firms can get no relief in... Continue reading
Posted Jun 5, 2014 at Blawgletter®
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Investors who wished for a helping hand in pursuing claims against banks that sold them exotic debt instruments instead got a kick in the pants from the Second Circuit today. No no-admit deals In 2011, U.S. District Judge Jed Rakoff... Continue reading
Posted Jun 4, 2014 at Blawgletter®
Seventh Circuit Judge Richard Posner savaged a district court for approving a class action settlement that paid lead class counsel an $11 million fee while providing class members with benefits worth, in Judge Posner's reckoning, no more than $8.5 million.... Continue reading
Posted Jun 3, 2014 at Blawgletter®
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Patents require definiteness The U.S. Supreme Court has tightened the test for whether a patent "particularly point[s] out and distinctly claim[s] the subject matter which the applicant regards as [the] invention." 35 U.S.C. § 112, ¶ 2. The Federal Circuit... Continue reading
Posted Jun 2, 2014 at Blawgletter®
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The U.S. Supreme Court took a step today towards limiting patent infringement cases, at least ones involving "method" patents (i.e., ones that describe a process rather than a device, design, or other patentable subject matter). Kinds of infringement Patent infringement... Continue reading
Posted Jun 2, 2014 at Blawgletter®
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A rule against making too much money? Plenty of public companies pay their executives very large salaries, bonuses, and other goodies, including stock grants, stock option awards, and rides in fancy jet planes. The WSJ recently reported that the median... Continue reading
Posted Jun 1, 2014 at Blawgletter®
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Arbitration good? The Supreme Court of Texas has made enforcing arbitration clauses super-easy. But what happens if the arbitration produces an outcome that may give the conservative Court pause -- a $125 million award in favor of the claimant, for... Continue reading
Posted May 30, 2014 at Blawgletter®
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Copyrights endure If you own a copyright -- in a cat video, say -- and someone rips it off -- perhaps by posting it on his Kraaasy Kaaats website and claiming it as his own -- how long can you... Continue reading
Posted May 23, 2014 at Blawgletter®
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A Chance to Shine How often do fourth-year associates get an opportunity to argue before a U.S. court of appeals? That sort of thing occurs a lot at the place where Blawgletter has worked since 1985. It happened most recently... Continue reading
Posted May 14, 2014 at Blawgletter®
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When can "newly discovered evidence" save you from a bad outcome, even after the time for appeal has expired? Rarely, the D.C. Circuit ruled on May 13. Too rarely, Blawgletter thinks. Wanna Be Startin' Sometin' The D.C. Circuit's decision came... Continue reading
Posted May 13, 2014 at Blawgletter®