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Who Cares About Passengers? 26 Aug 2013 | 10:38 am
Blawgletter has lately started scanning news reports about the U.S. Justice Department Antitrust Division's bid to block the minnow-eats-whale merger of U.S. Airways and American Airlines. Wowsers. L...
No Means No, Third Circuit Holds 23 Aug 2013 | 01:35 am
Dell argued that it could keep robo-calling a woman's mobile phone to with robo-messages about her Dell debt until Hell Froze Over. The fact that she'd withdrawn the consent she'd given Dell in a Happ...
Class Wins Reprieve for Section 11 Securities Act Claim over Merger 20 Aug 2013 | 10:02 am
People who commit to buy a stock on Day 1 can't complain about misrepresentations that the stock issuer made on Day 2 or later. E.g., APA Excelsior III L.P. v. Premiere Techs., Inc., 476 F.3d 1261, 12...
DOJ Sues to Stop U.S. AAirways Merger 14 Aug 2013 | 09:42 am
On Aug. 12, the AAntitrust Division of the U.S. Department of Justice joined with the attorneys-general of six states and the District of Columbia to file a lawsuit to stop the merger of AMR, which ow...
Zombies (Partners) v. Aliens (Associates) 12 Aug 2013 | 10:42 pm
On the first day of a recent patent infringement trial, the wise judge asked Blawgletter and a lawyer for the other side why the case hadn't settled. "Testosterone?", someone said. That friendly back...
D.C. Circuit Derails Fuel Surcharge Class 10 Aug 2013 | 12:35 am
Oops. The D.C. Circuit today vacated class certification in an antitrust case on behalf of firms that paid fuel surcharges on top of basic charges to freight railroads. In re Rail Freight Fuel Surcha...
Quote of the Day: Richard Posner 9 Aug 2013 | 09:43 pm
Anyway the retroactive modification of a plan can't be used to diminish damages to which participants have been held entitled, even if the modification is lawful. In effect the defendant is arguing th...
Dog in the Manger 8 Aug 2013 | 08:11 am
In the proverb, the dog in the manger can't benefit from eating the feed he's found in the barn, but he snarls and bites at the other beasts who could digest it and will starve without it. If I can't ...
Tardy Patent Expert Report Came Too Late, Federal Circuit Rules 7 Aug 2013 | 10:21 am
What happens on appeal after the district court struck an expert report that did not exist until after the other side had deposed the expert and moved for summary judgment and the discovery deadline h...
Non-Owner of Trademark Can't Sue for Itself, Second Circuit Holds; Za Vashe Zdorovya 6 Aug 2013 | 09:24 pm
When a Russian hands you a shot glass and as you drink down the clear liquid shouts ze vashe zdrovye!, he means to your health! The vodka won't in fact extend your life, but it could make you giddy f...
