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 Appeals Roundup

By Barry Barnett

June 28, 2021

To celebrate the arrival of summer, I am trying an experiment. In this post–which covers almost all of June–I’ve sorted commercial rulings by the U.S. Supreme Court, the U.S. Courts of Appeals, and a selection from the highest state courts according to subject matter. The resulting headings group decisions by broadly descriptive categories (e.g., Antitrust and Intellectual Property) for quicker reference. As usual, you may access the decisions by clicking on the case summary itself. Please let…

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Commercial Appeals Roundup

By Barry Barnett

May 31, 2021

Happy Memorial Day! Last week we had a big Delaware ruling on its welter of forum non conveniens doctrines, Texas decisions regarding lawyer liability, three opinions addressing arbitration questions, and a pair of IP pronouncements.…

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Commercial Appeals Roundup

By Barry Barnett

May 19, 2021

Alright, we’ve returned from a hiatus and bring you up to date for May 2021 with this edition of Commercial Appeals Roundup.…

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Commercial Appeals Roundup

By Barry Barnett

October 12, 2020

Note for readers Because my practice focuses on complex commercial disputes–especially ones involving antitrust, energy, or intellectual property–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 Appeals Roundup.…

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Commercial Appeals Roundup

By Barry Barnett

September 14, 2020

The output of U.S. Courts of Appeals slowed over the summer; the highest courts in Delaware, New York, and Texas went on partial hiatuses; and having finished its 2019-20 Term in June, the U.S. Supreme Court won’t restart its assembly line until October 5. Yet we have a backlog of rulings to report. The 25 blurbs-plus-links below the jump will catch you up on the decisions most likely to affect your commercial litigation practice. Have…

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Commercial Appeals Roundup

By Barry Barnett

August 17, 2020

The summer doldrums have slowed but not halted the flow of rulings by the U.S. Courts of Appeals, but you can’t say the same about the highest courts in Delaware, New York, and Texas. Despite the more languid pace of federal-court opinions, we have a cornucopia of them–28 in all. I’m happy to say the backlog is a result of having quite a lot to do in my day job at Susman Godfrey. The state-court…

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Commercial Appeals Roundup

By Barry Barnett

July 20, 2020

Judgment in German action didn’t bar claim that defendant could (but didn’t have to) bring as counterclaim. Loan contract that limited arbitration to claims under tribal law violated public policy. Amount in controversy for purposes of removal under CAFA includes “reasonably possible” punitive damages. Network monitor patent did more than embody abstract idea under Alice. Researchers qualified as inventors of patents on cancer-targeting antibodies. Claim that offshore drilling contract resulted from bribery didn’t defeat $622 …

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Stephen D. Susman

By Barry Barnett

July 15, 2020

Steve Susman–my friend and mentor and my firm’s founding partner–died yesterday. A great many people who knew or knew of Steve have sent condolences, which I appreciate very much. I am very sad but also very grateful. For those of you who hadn’t heard or want to know more, below is a statement that the partners issued this morning. Be well. Steve Susman, 1941-2020 With extraordinary sadness, the partners of Susman Godfrey LLP announce the…

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