Barry Barnett, Esq.

Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

Commercial Case Roundup: Week of 1-6-20

By Barry Barnett

January 13, 2020

”Representative” proof supported $54 million verdict for class of truck drivers. http://cdn.ca9.uscourts.gov/datastore/opinions/2020/01/06/17-15983.pdf Lack of class-wide proof of intent doomed debt collection class action. http://ca5.uscourts.gov/opinions/pub/18/18-50551-CV0.pdf Contract didn’t require class arbitration. https://ecf.ca8.uscourts.gov/opndir/20/01/173501P.pdf PTAB’s unpatentability ruling bound court in separate infringement action. http://cafc.uscourts.gov/sites/default/files/opinions-orders/18-2256.Opinion.1-10-2020.pdf Settlement agreement didn’t wipe out previous covenant not to sue for patent infringement. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1071.Opinion.1-10-2020.pdf Anticipation and obviousness doomed antibody purification patent. http://cafc.uscourts.gov/sites/default/files/opinions-orders/18-1933.Opinion.1-10-2020.pdf Note Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas,…

The Contingency

Commercial Case Roundup: Week of 1-3-20

By Barry Barnett

January 6, 2020

“Diet” in soft drink name didn’t promise weight loss. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/12/30/18-16721_.pdf Chief Justice urges civic education. https://www.supremecourt.gov/publicinfo/year-end/2019year-endreport.pdf ERISA plan couldn’t cut interest rate retroactively. http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/doc/17-1211_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/hilite/ Trucker’s promise to buy shipping broker supported $5.7 million promissory estoppel verdict. http://www.ca5.uscourts.gov/opinions/pub/17/17-20725-CV0.pdf Note Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and…

The Contingency

Commercial Case Roundup: Week of 12-23-19

By Barry Barnett

December 30, 2019

ERISA allowed reformation of plan to fix impermissible definition of retirement eligibility and recalculation of benefits. http://ca2.uscourts.gov/decisions/isysquery/3cb5f6ef-79b3-4dde-8223-03947098d9ef/1/doc/18-487_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/3cb5f6ef-79b3-4dde-8223-03947098d9ef/1/hilite/ Auction of residential mortgages by repo lender met good-faith standard for crediting value of mortgages against loan. https://www2.ca3.uscourts.gov/opinarch/182887p.pdf Airline overtime claims raised individual issues that precluded class certification. https://www2.ca3.uscourts.gov/opinarch/183143p.pdf Defense lawyer didn’t have to testify about witness interviews. https://ecf.ca8.uscourts.gov/opndir/19/12/181251P.pdf Copy service didn’t infringe copyright in math manuals. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/12/27/18-55331.pdf Claims in patents on opioid treatment of patients having liver…

The Contingency

Commercial Case Roundup: Week of 12-16-19

By Barry Barnett

December 23, 2019

Giving up after 19 months didn’t save patent plaintiff from paying defendants’ attorneys’ fees. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2393.Opinion.12-16-2019.pdf … Amgen can keep $70 million jury award for infringement of patent on anemia drug. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1067.Opinion.12-16-2019.pdf … Bankruptcy Code pre-empted state-law fraudulent transfer claims against cashed-out Tribune shareholders because money went through financial institutions. http://www.ca2.uscourts.gov/decisions/isysquery/b2a6faba-1c09-4f6c-9d47-9550d1cecd7e/1/doc/13-3992_amd_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/b2a6faba-1c09-4f6c-9d47-9550d1cecd7e/1/hilite/ … Patent on bicycle chainring can’t beat obviousness test by pointing to chainring with features not in the patent. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2024.Opinion.12-18-2019.pdf … Fungicide label might qualify for copyright fair-use defense.…

The Contingency

Commercial Case Roundup

By Barry Barnett

December 16, 2019

Securities fraud claim required particulars of antitrust conspiracy it alleged non-disclosure of. Confusion over one brother’s junior use of family-name trademark didn’t require broad injunction in favor of other brother’s senior use. Subcontractor’s claim for payment against contractor in bankruptcy didn’t estop it from making claim for payment against principal. Class notice should have included social media. Patentee tacitly disavowed garage door opener that lacked infrared detector in wall console. …

The Contingency

Commercial Case Roundup

By Barry Barnett

December 9, 2019

Because my practice focuses on complex commercial disputes–especially cases involving antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas. You can follow along during the week on Twitter (@contingencyblog) or here at The Contingency each Monday with this Commercial Case Roundup.…

The Contingency

Commercial Case Roundup

By Barry Barnett

December 2, 2019

The Contingency

Commercial Case Roundup: U.S. Appeals

By Barry Barnett

November 25, 2019

Because my practice focuses on complex commercial disputes–especially cases involving antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court and the 13 U.S. Courts of Appeals. You can follow along during the week on Twitter (@contingencyblog) or here at The Contingency each Monday with this Commercial Case Roundup: U.S. Appeals.…

The Contingency

Weekly Roundup: U.S. Courts of Appeals

By Barry Barnett

November 18, 2019

Weekly round up from The Contingency on Twitter. #contingencyblog…

The Contingency

Weekly Case Roundup

By Barry Barnett

November 12, 2019

Federal Circuit grants Commerce Secretary broad power to remove IPR judges to clean up appointments clause mess. Receipt of credit report by person who doesn’t have authorization counts as Article III injury for standing purposes. Health care records case goes back to trial court to ease certification of issues to New York Court of Appeals. Federal “Filter Team” to assess law firm’s privilege claims was improper. Patent on hepatitis treatment didn’t …

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Commercial Case Roundup: Week of 1-6-20

Commercial Case Roundup: Week of 1-3-20

Commercial Case Roundup: Week of 12-23-19

Commercial Case Roundup: Week of 12-16-19

Commercial Case Roundup

Commercial Case Roundup

Commercial Case Roundup

Commercial Case Roundup: U.S. Appeals

Weekly Roundup: U.S. Courts of Appeals

Weekly Case Roundup

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