The plaintiffs in Elson v. Black brought a putative class action against the manufacturers of the …
Corporate & Commercial
Open and Obvious Sprinkler
Thanks to diversity jurisdiction, the Fifth Circuit reviews some fundamental state-law tort issues along with its loftier docket of ……
Hurry up, FERC.
An exasperated Fifth Circuit granted mandamus relief to require FERC to explain significant delay in a nuclear-power rate ……
Vexillology and the PSLRA
The Fifth Circuit reversed the dismissal of a securities claim against Six Flags involving its public statements about an expansion effort in…
MUDdy waters
The main issue in Hanover Ins. Co. v. Binnacle Devel., LLC was the interpretation of a Texas Water Code provision about MUDs (“municipal utility districts”)…
Limitations Twofer
The Fifth Circuit and Texas Supreme Court both recently addressed limitations issues in commercial cases: Civelli v. JP Morgan Securities involved an…
Intentional?
Yes, the defendant “intentionally” coded a key record in a certain way. But that “intentional” action did not establish an “intent” to harm the victim of an…
Can the FTC do that?
As part of the explanation for its authority, the FTC cited authority that “Section 5 reaches conduct that, while not prohibited by the Sherman or…
4 Steps Every Business Should Take to Protect Confidential Information
If 2023 is THE year that your business is going to maximize protections for ……
I Received a Cease and Desist Letter. What Should I Do?
A cease and desist letter is typically (1) written by an attorney; (2) describes the ……