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Firms Buying Their Way Into the High Court Club
With its relatively minimal docket, the Supreme Court wouldn't necessarily come to mind as a growth market. But it's becoming one. It's now standard operating procedure for clients in high-stakes corporate cases before the Court to snag a member of the high court bar, the elite and exclusive cadre of practitioners who have effectively cornered the market and, in a sense, serve as unofficial gatekeepers to the Court. But now, more firms are trying to buy their way into the club.Rejecting arguments from a virtual who's who of Big Law energy firms, the U.S. Court of Appeals for the Ninth Circuit ruled Wednesday that retail consumers of natural gas can pursue state law antitrust claims stemming from Enron-era price manipulation.
The court-appointed SEC receiver in Allan Stanford's alleged $8 billion Ponzi scheme can't seem to get his hands on money Stanford supposedly stashed in overseas banks. And a new ruling that concludes he has to ask Swiss courts to compel Societe Generale to produce Stanford's records won't help.
Truth and Confidences: Two Texas Cases Test Ecclesiastical Abstention Doctrine
Two Texas cases are in the forefront of religious liberties litigation by testing the boundaries of the ecclesiastical abstention doctrine, which prohibits civil courts from exercising subject matter jurisdiction in instances involving the church's right to discipline its members for behavior it deems immoral. Kelly Shackelford of Legal Liberty Institute advocates a bright-line standard that would bar claims against clergy and churches unless they arise from conduct that is "purely secular."2004 Marks a Very Good Year for Some Texas Associates
A handful of large Texas firms distributed or plans to distribute discretionary associate bonuses for 2004 that exceed the amounts -- in some cases by more than double -- of the bonuses paid in 2003, according to a survey of the 25 largest firms in Texas.Microtune gave regulators and auditors the report on Andrews Kurth's internal investigation of its options backdating practices. So executives for a pair of former executives charged by the SEC said they should get to see it as well. And despite Microtune's claims of privilege, a Texas judge agreed.
Vioxx Lawyer Wants His Next Move to Be in State Court
W. Mark Lanier, the Houston lawyer who won a $253.5 million verdict in the nation's first Vioxx pharmaceutical suit, wants another shot at a big win. In theory, attempts by Lanier and his small, breakaway group of plaintiffs lawyers to try future Vioxx suits in state, rather than federal, court will pressure Merck & Co. to come to the settlement bargaining table. But a judge overseeing the Vioxx litigation told a courtroom full of lawyers last week that the plans of Lanier's group are "counterproductive."Two years ago, a judge slapped McKool Smith and Sidley Austin with Rule 11 sanctions for bringing supposedly frivolous patent claims on behalf of their client, Allcare Health Management Systems. The firms managed to get the sanctions vacated, but their efforts to redeem their client and undo a $5 million attorney fee award haven't fared so well.
David Boies has had many victories in his career, but his win on Monday for the plaintiffs in the Halliburton securities class action has special meaning for him. Boies took over the case from his daughter Caryl Boies, who died last December from lung cancer at age 48.
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