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Barry Barnett
Business trial lawyer
Recent Activity
Dear Blawgletterati: A rebuke Drop dead, the Seventh Circuit on November 26 told U.S. firms that want to collect treble damages under the Sherman Act for fixing prices on their foreign subs' purchases overseas. Either have your subs buy the... Continue reading
Posted Dec 1, 2014 at Blawgletter®
Another patent just failed the Supreme Court's airy test for unpatentable "abstract ideas". A whiter shade of pale Patents that define ways to make money through commerce on the Internet never have gotten much respect. In the last year, a... Continue reading
Posted Nov 17, 2014 at Blawgletter®
Time to assess Twombly Has the United States Supreme Court backed away from its landmark toughening of the test for pleading a claim in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)? Seven years after Blawgletter said that "[w]e'll... Continue reading
Posted Nov 10, 2014 at Blawgletter®
Good faith and fair dealing New York law "implies" a duty in all contracts -- a duty to perform promises in good faith.* Does that mean a party must adjust a contractual benchmark rate if it knows something has distorted... Continue reading
Posted Oct 26, 2014 at Blawgletter®
Trying cases Trial lawyers believe they pay a trial judge a high compliment when they say "she'll let you try your case." The praise implies a few things -- that the judge doesn't make you do everything exactly the way... Continue reading
Posted Oct 7, 2014 at Blawgletter®
Equal pay for equal work The Equal Pay Act of 1963, 29 U.S.C. 206(d), mandates equal pay for "equal work". But what does "equal work" mean? A ruling by the Second Circuit focuses on the "content" of the "work" and... Continue reading
Posted Sep 30, 2014 at Blawgletter®
Big damages . . . and a big win for class actions A Tenth Circuit panel of judges has upheld a $1.2 billion verdict and judgment against Dow Chemical for its role in a price-fixing conspiracy that involved urethane chemical... Continue reading
Posted Sep 29, 2014 at Blawgletter®
With Texas now hosting many of the world’s largest corporations,* our public policy has shifted from a patriarchal one in which we valued uniform treatment of Texas employees from one employer to the next above all else, to one in... Continue reading
Posted Sep 25, 2014 at Blawgletter®
Murky bylaws May a Delaware firm whose bylaws promise to pay the legal bills of a group of people -- all of its "officers" -- avoid paying on the ground that it failed to make clear who belonged in the... Continue reading
Posted Sep 19, 2014 at Blawgletter®
Measuring patent damages -- and excluding reexam evidence The Federal Circuit again tightened the criteria for setting damages awards in patent infringement cases. But, in a bit of good news for infringement plaintiffs, it lent further support to the general... Continue reading
Posted Sep 17, 2014 at Blawgletter®
Party flip in the federal courts Since the inauguration of Barack Obama in January 2009, eight U.S. courts of appeals have flipped parties, The New York Times reported. Now nine of the 13 federal appeals courts -- almost 70 percent... Continue reading
Posted Sep 15, 2014 at Blawgletter®
Abstract ideas Section 101 of the Patent Act allows patents on "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof". 35 U.S.C. 101. But, the Supreme Court has held, it does... Continue reading
Posted Sep 7, 2014 at Blawgletter®
Explanations exist; they have existed for all time; there is always a well-known solution to every human problem -- neat, plausible, and wrong. H. L. Mencken, Prejudices: Second Series 158 (1920). Continue reading
Posted Sep 6, 2014 at Blawgletter®
Presuming harm For a long time, federal courts presumed that misuse of someone's intellectual property -- things like patents, copyrights, and trademarks -- would cause the owner "irreparable harm". The bad acts, the courts believed, would ipso facto injure the... Continue reading
Posted Aug 27, 2014 at Blawgletter®
The 2015 edition of Best Lawyers has emerged from embargo. It lists 17 partners in Blawgletter's firm. And, yes, it includes Blawgletter. For the 11th time. Go figure. Dallas Blawgletter: Bet-the-Company Litigation, Commercial Litigation, Litigation – Antitrust, Litigation - Intellectual... Continue reading
Posted Aug 25, 2014 at Blawgletter®
A way out of arbitration? A new Ninth Circuit decision points to a possible way to avoid arbitration clauses in the take-it-or-leave-it "adhesion" contracts that electronic retailers post on their websites. Online vendors want you to accept their terms of... Continue reading
Posted Aug 19, 2014 at Blawgletter®
You have a special treat today. Hollis Salzman and Meegan F. Hollywood at Robins, Kaplan, Miller & Ciresi L.L.P. in New York have written a timely Guest Post on an important and exotic antitrust topic -- monopsony. Ms. Salzman serves... Continue reading
Posted Aug 18, 2014 at Blawgletter®
Big victory for big oil . . . and big gas The Fifth Circuit handed a large win today to oil and gas lessees in the Lone Star State. The dispute that the court addressed concerned computation of royalties, which... Continue reading
Posted Jul 29, 2014 at Blawgletter®
A happy outcome for counsel All you in-house lawyers out there might want to raise a hearty cheer for the D.C. Circuit. Outside counsel may want to clap also. For a panel of the appeals court held in In re... Continue reading
Posted Jul 27, 2014 at Blawgletter®
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®
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®
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®
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®
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®