Wednesday, April 30, 2008

Must-Read For Commercial Litigators

Our old friend, the Reverend Wright supporter -- kidding -- the McCain supporter who might as well live in New Hampshire alerts us to today's First Circuit decision Trans-Spec Truck Serv. v. Caterpillar Inc., No. 07-1476. And if you practice commercial litigation in the Commonwealth, you really ought to read it.


Because it's rare to have the benefit of an appellate court's detailed views on how it looks at practicing before magistrates, how it looks at motions to dismiss, when it is willing to convert a motion to dismiss into a motion for summary judgment, how it looks at motions for summary judgment, whether to permit a pleading to be amended. But there's more! The court considers substantive questions of unconscionability, waiver, and warranties.

The afore-mentioned McCainiac thinks that the law firm representing the appellant may have more to worry about than just losing this appeal. As if they didn't have enough to worry about already.

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