Commercial Litigation

Date
2014
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract

Examines the Fifth Circuit writing on a wide range of important business topics during the survey period, including: fundamental issues of antitrust law, the recurring problem of agreements defined by multiple-often inconsistent documents in arbitration law, and the BP settlement in the Deepwater Horizon litigation. Several opinions continued to define key points in litigation involving mortgage servicers. Reviewed the court's analysis on the kinds of allegations that can allow removal of state law claims to federal court and gave several reminders that credibility issues can give rise to fact issues that defeat summary judgment.

Description
Keywords
Administrative law, Antitrust, Appellate procedure, Arbitration, Attorney's fees, Bankruptcy, Class actions, Consumer, Contracts, Damages, Due process, Employment, False Claims Act, First Amendment, Forum non convivence, Insurance, Judicial estoppel, Jurisdiction, Oil & gas, Personal jurisdiction, Privilege, Professional negligence, Remedies, Sanctions, Standard of Review, Venue
Citation
David S. Coale, Commercial Litigation, 47 Tex. Tech L. Rev. 473 (2014-2015)