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Barry Barnett
Business trial lawyer
Recent Activity
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The George Washington Bridge. Who has the better argument in the Bridgegate subpoena flap? New Jersey Superior Court Judge Mary Jacobson on April 9 quashed subpoenas that a special investigative committee of the Garden State's legislature served on a pair... Continue reading
Posted 7 days ago at Blawgletter®
Do federal judges protect their own? Before Blawgletter suggests an answer, let's look at the case that raises the question. The Fourth Circuit upheld a summary judgment for E. I. DuPont de Nemours & Co., ruling that the South Korean... Continue reading
Posted Apr 4, 2014 at Blawgletter®
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Being obnoxious doesn't pay. Or does it? In one six-month period, Rabbi S. Binyomin Ginsberg griped to Northwest Airline 24 times about "travel problems, including 9 incidents of [his] bag arriving late at the luggage carousel". Northwest, Inc. v. Ginsberg,... Continue reading
Posted Apr 2, 2014 at Blawgletter®
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A rule that has applied in patent cases since 1998 may go the way of Chevy Cobalt ignition switches. "Deference, I Don't Have to Show You any Stinkin' Deference" riffed on a line from The Treasure of the Sierra Madre... Continue reading
Posted Mar 31, 2014 at Blawgletter®
Today the Supreme Court of Texas decided six cases. The defendants won all of them. Unanimously. Continue reading
Posted Mar 28, 2014 at Blawgletter®
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The Supreme Court today adopted a new test for claims under the federal Lanham Act, which creates a cause of action for "false association" and "false advertising". Lexmark Int'l, Inc. v. Static Control Components, Inc., No. 12-873, slip op. 3... Continue reading
Posted Mar 25, 2014 at Blawgletter®
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If you've handled a bunch of patent cases without running across the Kessler doctrine, don't feel like the Lone Ranger. Until today, IP wizards like you likely had little cause to know about the patent-claim-killing rule that sprang more than... Continue reading
Posted Mar 24, 2014 at Blawgletter®
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The latest from the Federal Circuit teaches that a transfer of ownership rights in intellectual property doesn't necessarily bar the transferor from using the IP. The case involved an ex-employee of Energy Recovery, Inc., Leif J. Hauge. ERI had sued... Continue reading
Posted Mar 20, 2014 at Blawgletter®
The Chief Judge of the Ninth Circuit erred when he booted patent infringement claims against "Street View", the Google feature that lets you look at images of houses, buildings, and other objects that line streets and highways online. The mistake... Continue reading
Posted Mar 17, 2014 at Blawgletter®
The Supreme Court granted review on March 10 in a case that involves "American Pipe tolling" of limitations. If that sounds unfamiliar, Blawgletter explained the underlying Second Circuit decision last year as follows: If you have a claim under the... Continue reading
Posted Mar 11, 2014 at Blawgletter®
I was married by a judge. I should have asked for a jury. Continue reading
Posted Mar 8, 2014 at Blawgletter®
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Oops. A panel of the Fifth Circuit held by a 2-1 vote that British Petroleum must pay some business loss claims even if the claimants cannot prove that the blowout at the Deepwater Horizon rig in 2010 actually caused the... Continue reading
Posted Mar 4, 2014 at Blawgletter®
The Sarbanes-Oxley Act came in the wake of Enron's sudden sinking. It aimed in part to foster the early blowing of whistles on fraud at "publicly traded" companies in order to avoid further titanic shipwrecks al-la the Greatest Company in... Continue reading
Posted Mar 4, 2014 at Blawgletter®
A crucial part of a patent case involves the Markman hearing. There, the district judge listens to and sees evidence, PowerPoints, blow-ups, claim charts, and arguments that each side puts forward in hopes that Her Honor will choose their version... Continue reading
Posted Feb 26, 2014 at Blawgletter®
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Many lower courts have given the Securities Litigation Uniform Standards Act of 1998 a wide preemptive scope. In those courts, a black-hole-like SLUSA devours all cases that come within a light year of its omnivorous gullet. If a lawsuit said... Continue reading
Posted Feb 26, 2014 at Blawgletter®
The U.S. Supreme Court today held that state and federal courts sitting in State A lack the power to compel someone who resides outside of State A to answer a lawsuit in State A unless the out-of-stater did something that... Continue reading
Posted Feb 25, 2014 at Blawgletter®
When the Naismith Memorial Basketball Hall of Fame inducted long-time Chicago Bulls shooting guard Michael Jordan in 2009, Jewel Food Stores gave an assist by agreeing to sell (in its 175 Windy City-area grocery stores) a special Sports Illustrated issue... Continue reading
Posted Feb 19, 2014 at Blawgletter®
You need to make it sound more like ditch-diggin'. Anthony Bolognese, relating advice to an economist on his performance as a testifying expert. Continue reading
Posted Feb 18, 2014 at Blawgletter®
You know already that lawyers should assume that any memos and emails they send clients will show up on the front page of The Wall Street Journal or The New York Times. You may not know that the same goes... Continue reading
Posted Feb 14, 2014 at Blawgletter®
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Alfred S. Teo, Sr., hid the fact that he owned a lot of stock in Musicland. He did so in reports he filed with the Securities and Exchange Commission. He also bought 45,000 shares of Musicland stock on the basis... Continue reading
Posted Feb 10, 2014 at Blawgletter®
If you'd like to read about the Chambers and Partners recognition, you can find it here. Continue reading
Posted Feb 7, 2014 at Blawgletter®
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You know that Jeffrey Abraham convinced the Second Circuit last month to revive an insider trading case against Xcelera big wigs. But did you know the case has Greater Import than Blawgletter told you about? It does. As Jeff tells... Continue reading
Posted Feb 6, 2014 at Blawgletter®
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Say you own shares of stock in Podunk Corp. Perhaps you won them in a poker game. You can't sell them on a stock exchange; no one has done what federal securities law requires in order to "register" the stock.... Continue reading
Posted Feb 4, 2014 at Blawgletter®
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You know what the phrase "legal costs" refers to, right? It means the amount that a plaintiff spends to achieve a recovery by way of pressing a lawsuit? US Airways, Inc. v. McCutchen, 133 S. Ct. 1537, 1550-51 (2013) (treating... Continue reading
Posted Feb 2, 2014 at Blawgletter®
The Swiss company Swatch makes stylish watches but takes itself Way Too Seriously. A couple of weeks ago, Swatch lost an appeal over whether the maker of low-end, cutie-pie Swap watches infringed the high-end, hoity-toity Swatch trademark. "Swiss Swatch Swings... Continue reading
Posted Jan 30, 2014 at Blawgletter®