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Wednesday, August 15, 2007
Update on AT&T - NASCAR Litigation

A report in this morning's Charlotte Observer notes that an AT&T spokesman said the company will "continue to pursue its right to use its logos" on the No. 31 Chevrolet driven by Jeff Burton despite Monday's unanimous decision by the 11th Circuit Court of Appeals. Its choices include the following options:

1. Attempt an en banc ruling by the entire 11th Circuit.

2. Appeal to the U.S. Supreme Court.

3. Pursue its claims of misrepresentation and estoppel in the trial court.

I am betting on number three. It's rare that an en banc panel reconsider a unanimous ruling and a Supreme Court appeal would take a great deal of time, with no assumption that the court would grant certiorari.


# 2 is not an option for all practical purposes. SCOTUS never takes pure diversity cases that just involve the interpretation/application of state law. Most parties in such cases never bother to seek cert.

Blogger Howard Wasserman -- 8/15/2007 10:21 PM  

Good point, Howard.

Blogger Mark Conrad -- 8/16/2007 10:34 AM  

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