You have to wonder if this recent ruling might cause some companies to pause over the recent craze to automatically include arbitration clauses in their contracts. In Dealer Computer Svc v. Old Colony Motors the 5th Circuit ruled that a trial court did not have the authority to compel a party to pay an arbitration ...
Category Archives: Case Law Updates
Morning Links 7/21
The Business pundit recently wrote about 5 Surprising Recession-Proof Industries.The Connecticut Employmnet Law Blog recently wrote '"Be Afraid of Social Networking" - Why the Conventional Wisdom is Overblown. The post argues that all the concern over social networking activities is overblown. For a counter argument, check out the Texas Law Blog's ...
5th Circuit Delineates Test for Liability Under the False Claims Act
The 5th Circuit released an opinion in USA v. Lithium Power Tech (No. 08-20194) this week that adopted the 4th Circuit's test for a claim under the False Claims Act. The Court stated that when evaluating a claim under the False Claims Act, a court must look at: (1) whether there was a false statement or fraudulent course ...
What does the New Haven case mean for private employers?
The short answer is not a whole lot. This case does not provide a good guide for private employers because it involved the City of New Haven, a government entity. Government entities at both the federal and state level must abide by stricter rules than private employers.However there is an important lesson that any employer ...
Can the underlying assets of a foreign joint venture suffice to create specific jurisdiction in Texas?
According to the Fourth District Court of Appeals, the answer is yes. In Rattner v. Contos and The Contos Family Trust, the court held that Texas real estate assets were sufficient to create specific jurisdiction over two California residents who had entered into a business relationship in California.Rattner claimed that he and Contos entered into ...
Supreme Court Deals Blow To Investor Recourse
This week the U.S. Supreme Court dealt a serious blow to investor recourse when it comes to recovery for corporate fraud. No, this case did not involve Enron but the facts were close enough that the decision will probably affect pending litigation in those cases. ...
Common Mistakes Made by SBO’s (Linked)
I decided to go ahead and repost my original list of Common Mistakes Made by SBO’s with links to each post for ease of navigation. So without further ado, here you go: Common Mistakes ...
Small Businesses Estopping Themselves Into Federal Employment Laws?
Michael Fox, author of Jottings By An Employer’s Lawyer, posted on recent developments in federal case law that indicate small businesses can become subject to federal employment laws they are traditionally not covered by through a doctrine called collateral estoppel.
Key Supreme Court Business Decisions From the 2006 Term
Barry Barnett of Blawgletter recently posted on the significant decisions out of the Supreme Court’s most recent term that affect business litigation. Blawgletter is a legal blog focusing on items of interest to business trial attorneys and their clients. This ...
Category Archives: Case Law Updates
5th Circuit Says Court Cannot Force a Party to Pay Arbitration Fees and Why Arbitration Is Not Always The Best Option
You have to wonder if this recent ruling might cause some companies to pause over the recent craze to automatically include arbitration clauses in their contracts. In Dealer Computer Svc v. Old Colony Motors the 5th Circuit ruled that a trial court did not have the authority to compel a party to pay an arbitration ...
Morning Links 7/21
The Business pundit recently wrote about 5 Surprising Recession-Proof Industries.The Connecticut Employmnet Law Blog recently wrote '"Be Afraid of Social Networking" - Why the Conventional Wisdom is Overblown. The post argues that all the concern over social networking activities is overblown. For a counter argument, check out the Texas Law Blog's ...
5th Circuit Delineates Test for Liability Under the False Claims Act
The 5th Circuit released an opinion in USA v. Lithium Power Tech (No. 08-20194) this week that adopted the 4th Circuit's test for a claim under the False Claims Act. The Court stated that when evaluating a claim under the False Claims Act, a court must look at: (1) whether there was a false statement or fraudulent course ...
What does the New Haven case mean for private employers?
The short answer is not a whole lot. This case does not provide a good guide for private employers because it involved the City of New Haven, a government entity. Government entities at both the federal and state level must abide by stricter rules than private employers.However there is an important lesson that any employer ...
Can the underlying assets of a foreign joint venture suffice to create specific jurisdiction in Texas?
According to the Fourth District Court of Appeals, the answer is yes. In Rattner v. Contos and The Contos Family Trust, the court held that Texas real estate assets were sufficient to create specific jurisdiction over two California residents who had entered into a business relationship in California.Rattner claimed that he and Contos entered into ...
Supreme Court Deals Blow To Investor Recourse
This week the U.S. Supreme Court dealt a serious blow to investor recourse when it comes to recovery for corporate fraud. No, this case did not involve Enron but the facts were close enough that the decision will probably affect pending litigation in those cases. ...
Common Mistakes Made by SBO’s (Linked)
I decided to go ahead and repost my original list of Common Mistakes Made by SBO’s with links to each post for ease of navigation. So without further ado, here you go: Common Mistakes ...
Small Businesses Estopping Themselves Into Federal Employment Laws?
Michael Fox, author of Jottings By An Employer’s Lawyer, posted on recent developments in federal case law that indicate small businesses can become subject to federal employment laws they are traditionally not covered by through a doctrine called collateral estoppel.
Key Supreme Court Business Decisions From the 2006 Term
Barry Barnett of Blawgletter recently posted on the significant decisions out of the Supreme Court’s most recent term that affect business litigation. Blawgletter is a legal blog focusing on items of interest to business trial attorneys and their clients. This ...