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Tortious, But Not Anticompetitive
January 13, 2017
The Fifth Circuit’s recent opinion in Retractable Technologies Inc. v. Becton Dickinson Co. reversed a $340 million antitrust judgment and placed significant limits on the activity to which the antitrust laws apply. Judge Edith Jones wrote for the panel, joined by Judges Jacques Wiener and Stephen Higginson. No. 14-41384 (Dec. 2, 2016). Plaintiff Retractable Technologies Inc. (“RTI”) and Defendant Beckton Dickinson (“BD”) were competing manufacturers of syringes. Retractable sued...
January 13, 2017
The Fifth Circuit’s recent opinion in Retractable Technologies Inc. v. Becton Dickinson Co. reversed a $340 million antitrust judgment and placed significant limits on the activity to which the antitrust laws apply. Judge Edith Jones wrote for the panel, joined by Judges Jacques Wiener and Stephen Higginson. No. 14-41384 (Dec. 2, 2016). Plaintiff Retractable Technologies Inc. (“RTI”) and Defendant Beckton Dickinson (“BD”) were competing manufacturers of syringes. Retractable sued...
Choice-of-Law Provisions, Conflict-of-Law Rules, the Statute of Limitations, and the Borrowing Statute
January 13, 2017
A—an Ontario-based corporation–commences a New York state court lawsuit against B—a New York-based corporation–in New York state court for breach of contract. The contract contains a mandatory New York choice-of-forum clause and a very broad choice-of-law provision, which, among other things, designates New York law to govern the contract and its “enforcement.” If Ontario’s two-year statute of limitations applies, then the suit is time barred, but if New York’s six-year statute of limitations...
January 13, 2017
A—an Ontario-based corporation–commences a New York state court lawsuit against B—a New York-based corporation–in New York state court for breach of contract. The contract contains a mandatory New York choice-of-forum clause and a very broad choice-of-law provision, which, among other things, designates New York law to govern the contract and its “enforcement.” If Ontario’s two-year statute of limitations applies, then the suit is time barred, but if New York’s six-year statute of limitations...
Family Business Disputes
January 12, 2017
Problems that arise in running a family business sometimes manifest themselves as legal claims. That seems obvious when the company gets sued by an employee or vendor or customer, but can also occur when the other owners choose to invoke the courts when they suspect another family member of financial improprieties or mismanagement. Anger at the alleged offender can then fuel the fires of litigation, turning the conflict into a costly experience that can not only destroy the business, but can also...
January 12, 2017
Problems that arise in running a family business sometimes manifest themselves as legal claims. That seems obvious when the company gets sued by an employee or vendor or customer, but can also occur when the other owners choose to invoke the courts when they suspect another family member of financial improprieties or mismanagement. Anger at the alleged offender can then fuel the fires of litigation, turning the conflict into a costly experience that can not only destroy the business, but can also...
Texas Bar CLE: Litigation Update Institute 2017: Jan 26-27, 2017
January 12, 2017
Mediation in the Trenches: What Works and What Doesn't .75 hr (.25 ethics) Moderator Cade W. Browning, Abilene Browning Law Firm Joseph Casseb, San Antonio Goode Casseb Jones Riklin Choate & Watson Donald R. Philbin, Jr., San Antonio Donald R. Philbin, Jr., PC Hon. Phylis J. Speedlin, San Antonio Dykema Cox Smith
January 12, 2017
Mediation in the Trenches: What Works and What Doesn't .75 hr (.25 ethics) Moderator Cade W. Browning, Abilene Browning Law Firm Joseph Casseb, San Antonio Goode Casseb Jones Riklin Choate & Watson Donald R. Philbin, Jr., San Antonio Donald R. Philbin, Jr., PC Hon. Phylis J. Speedlin, San Antonio Dykema Cox Smith
Texas: Did Arbitration Agreement Expand Judicial Review of Award?
January 12, 2017
In Denbury Onshore, LLC v. Texcal Energy South Texas LP, et al., the Fourteenth Court of Appeals was asked whether the parties...
January 12, 2017
In Denbury Onshore, LLC v. Texcal Energy South Texas LP, et al., the Fourteenth Court of Appeals was asked whether the parties...
Texas Comptroller Arbitrators Ruling Against Commercial Taxpayers
January 11, 2017
The Texas Comptroller maintains a panel of arbitrators to decide real property tax valuation disputes. A ten-year history...
January 11, 2017
The Texas Comptroller maintains a panel of arbitrators to decide real property tax valuation disputes. A ten-year history...
New Commercial Arbitration Database Offers Analytics for Arbitration Attorneys
January 11, 2017
A South Carolina startup, Dispute Resolution Data, has signed agreements to collect information from some 20 arbitration institutions. With up to 100 data points on each closed commercial arbitration, and 45 data fields on each mediation, the database allows users to evaluate likely outcomes based on a host of variables, such as region, industry, average claim amount, award amount, case outcomes, whether national courts became involved and at what rate parties file or prevail in counterclaims....
January 11, 2017
A South Carolina startup, Dispute Resolution Data, has signed agreements to collect information from some 20 arbitration institutions. With up to 100 data points on each closed commercial arbitration, and 45 data fields on each mediation, the database allows users to evaluate likely outcomes based on a host of variables, such as region, industry, average claim amount, award amount, case outcomes, whether national courts became involved and at what rate parties file or prevail in counterclaims....
Spike in Divorce after Holidays
January 11, 2017
From MarketWatch: Think before you jump or, in this case, file. Divorce filings surge in January as people decide to start their New Year with a clean slate, helped by a stressful holiday period and, perhaps, even more stressful in-laws, experts say, with family lawyers reporting a rise of nearly one-third in business in the New Year. John Slowiaczek, president of the American Academy of Matrimonial Lawyers, says he typically sees a spike of 25% to 30% every year in January. Similar trends are seen...
January 11, 2017
From MarketWatch: Think before you jump or, in this case, file. Divorce filings surge in January as people decide to start their New Year with a clean slate, helped by a stressful holiday period and, perhaps, even more stressful in-laws, experts say, with family lawyers reporting a rise of nearly one-third in business in the New Year. John Slowiaczek, president of the American Academy of Matrimonial Lawyers, says he typically sees a spike of 25% to 30% every year in January. Similar trends are seen...
Texas Comptroller Arbitrators Ruling Against Residential Taxpayers
January 10, 2017
The Texas Comptroller maintains a panel of arbitrators to decide real property tax valuation disputes. A ten-year history...
January 10, 2017
The Texas Comptroller maintains a panel of arbitrators to decide real property tax valuation disputes. A ten-year history...
Nebraska Real Estate And Nebraska Borrowers, But Federal Arbitration Act Applies
January 10, 2017
In a fight over whether a single lending transaction involved interstate commerce, the Supreme Court of Nebraska found the Federal Arbitration Act (FAA) applied and preempted its state arbitration act. Wilczewski v. Charter West Nat’l Bank, __ N.W.2d__ (Neb. Dec. 9, 2016). The case involved buyers who purchased a home from a bank (who owned it after a foreclosure) and then sued the bank alleging misrepresentation and fraud. The bank moved to compel arbitration. In response, the buyers...
January 10, 2017
In a fight over whether a single lending transaction involved interstate commerce, the Supreme Court of Nebraska found the Federal Arbitration Act (FAA) applied and preempted its state arbitration act. Wilczewski v. Charter West Nat’l Bank, __ N.W.2d__ (Neb. Dec. 9, 2016). The case involved buyers who purchased a home from a bank (who owned it after a foreclosure) and then sued the bank alleging misrepresentation and fraud. The bank moved to compel arbitration. In response, the buyers...
