Book Review Business and Commercial Litigation in Federal Courts [Fourth Edition] Treatise Review Robert L. Haig, editor-in-chief, 0717 ALBJ, 78 The Alabama Lawyer 278 (2017)
| Author | Reviewed by Lee R. Benton |
| Position | Vol. 78 4 Pg. 278 |
Reviewed by Lee R. Benton
Being already familiar with Business and Commercial Litigation in Federal Courts, Third Edition, I was pleased to be asked to review this new Fourth Edition, which provides 25 new chapters and enhances earlier sections. This comprehensive revision totals 14 volumes (with an appendix and index) authored by litigators as well as 27 distinguished judges. The benefit of overwhelming practical experience and key insights cannot be overstated.
The new chapters are well worth reviewing and include such meaningful additions as “Declaratory Judgments,” “Negotiations,” “Mediation,” “Arbitration,” “Social Media,” “Securitization and Structured Finance,” “Joint Ventures,” “Fiduciary Duty Litigation,” “Fraud,” “Civil Rights” and many others. Each of these new chapters is insightful and helpful to any federal litigation practitioner. They provide checklists, forms and the substantive basis for each of the particularly relevant subject matters.
I also have found the index to be of real benefit. Of particular importance for underlying authority is the table of cases and appendices. These a re to be updated annually and are a quick reference to find the relevant section, as well as supportive case citations.
Seemingly, the majority of litigation filed in federal court involves an employment law (discrimination) or alleged breach of contract. From my experience, almost every complaint alleging a breach of contract also includes some allegation of fraud, if for no other reason than to increase leverage and expose the possibility of recovery of punitive damages. The new Section 130 on “Fraud” provides a comprehensive analysis of fraud, both from the plaintiff’s and the defendant’s perspective. The strategic considerations, necessity of specificity and how to deal with the inevitable Rule 12 motion (because of an alleged deficiency under Rule 9(b)) are addressed in detail, both as to how to avoid or respond to the circumstance as well as how to raise the potential problem. Even the several elements also identified in the Code of Alabama are explained, with substantial case authority addressing each of the elements, remedies, measure of damages and the like. Affirmative defenses to fraud...
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