Judith R. Blakeway

Antitrust

• Obtained settlement of $100 million antitrust case against a long distance telephone company for allegedly conspiring to monopolize the market for long distance service in Mexico.

Commercial Litigation

• Served as co-lead counsel on a team of lawyers that reached hundreds of millions of dollars in settlements for the more than 18,000 victims of the notorious Ponzi scheme of jailed financier Allen Stanford..
• On behalf of a creditor who obtained a $3.5 million judgment, successfully prosecuted a fraudulent transfer claim against the owners of a company that dissolved and distributed its assets to themselves and thence to offshore trusts.

Financial Institutions

• Obtained settlement of lender liability claim in which plaintiff sought to cancel $17 million debt and to recover $22 million for destruction of business.

Franchise & Distribution

• Defended franchisor against claims for breach of contract, breach of fiduciary duty, breach of duty of good faith and fair dealing, civil conspiracy, tortious interference, DTPA, price fixing, fraudulent inducement, defamation and business disparagement by franchisee who purchased or built 19 restaurants and entered into area development agreement and who claimed franchisor was using quality, service, cleanliness and compliance (QSCC) evaluations to drive franchisee out of business, seeking $6 million in damages, and prosecuted counterclaim for breach of contract for failure to pay royalties and advertising contributions.

Insurance Litigation

• Obtained dismissal of $1 million claim brought by receiver of failed insurance company against insurance agency.

Intellectual Property

• Obtained settlement of suit by firm that provided kit designs for automotive paint and headlamp protection and window film via web-based proprietary software against a competitor asserting copyright infringement, violations of Digital Millennium Copyright Act, fraud, tortious interference, unfair competition, false advertising and misuse of proprietary information.

Libel & Slander

• Defended newspaper and television and radio stations in actions for defamation, negligence, invasion of privacy, intentional infliction of emotional distress arising from allegedly false publications.

Noncompetes

• Defended and prosecuted claims for violations of noncompetes.

Telecommunications

• Handled arbitration of claims against long distance carrier for breach of contract, breach of covenant of good faith and fair dealing, and tortious interference with business relations seeking damages of $20 million and prosecuted counterclaim for $37 million for failure to pay for services.

Appeals – Selected Cases (2000 – present)

Fifth Circuit Court of Appeals

• Roland v. Green, 675 F.3d 503 (5th Cir. 2012). In case arising out of notorious Stanford Ponzi scheme, obtained reversal of federal court judgment dismissing under the Securities Litigation Uniform Standards Act class actions against a law firm and insurance broker for Stanford entities.
• City of Shoreacres v. Waterworth, 420 F.3d 440 (5th Cir. 2005). Represented city in appeal under National Environmental Policy Act and Clean Water Act seeking rescission of a permit issued by the Army Corps of Engineers for construction of a cargo and cruise ship terminal adjacent to the Bayport Shipping Channel off Galveston Bay.
• Texas Commercial Energy v. TXU Energy, Inc., 413 F.3d 440 (5th Cir. 2005), cert. denied, 546 U.S. 1091, 126 S.Ct. 1033, 163 L.Ed.2d 855 (2006). Affirmance of dismissal of antitrust action against independent service organization that was alleged to have conspired with utilities to monopolize the electricity market in Texas.
• Travelers Cas. & Sur. Co. of America v. Baptist Health Sys., 313 F.3d 295 (5th Cir. 2002). Complete reversal of $876,545 summary judgment against insurer on contract claim. Ms. Blakeway helped convince the Fifth Circuit that provisions in policies covering losses resulting directly from “forgery” or alteration of “covered instruments” that were made or drawn on the insured or its agent did not apply to losses incurred when the insured paid fraudulent invoices submitted by a vendor.
• Access Telecom, Inc. v. MCI Telecommunications Corp., 197 F.3d 694 (5th Cir. 2000), cert. denied, 531 U.S. 917, 121 S.Ct. 275, 148 L.Ed.2d 200 (2000). Represented MCI in appeal of summary judgment arising out of disconnection of toll-free telephone numbers sold by MCI to ATI which resold them to long distance customers in Mexico. The reseller alleged claims of breach of contract, negligent misrepresentation, promissory estoppel, tortious interference with contract, and state and federal antitrust violations. The case was reversed and remanded.

Texas Supreme Court

• Ben Bolt-Palito Blanco Consol. Indep. Sch. Dist. v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund, 212 S.W.3d 320 (Tex. 2006). Obtained a ruling from the Texas Supreme Court that self-insurance funds are distinct governmental entities entitled to immunity.

• Cattle Rustling, Blackmail, and Punitive Damages in Texas, Strasburger Trial & Error Blog (September 2017)
• Texas Supreme Court Announces New Rule for Exemplary Damages, Strasburger Trial & Error Blog (June 2017)
• Texas Supreme Court Announces E-Discovery Guidelines, Strasburger Trial & Error Blog (June 2017)
• House Amends Class Action & Fraudulent Joinder Statutes, Strasburger Trial & Error Blog (March 2017)
• In 2016 the Texas Supreme Court Continues to Favor Arbitration, Strasburger Trial & Error Blog (January 2017)
• Fifth Circuit Enforces Forum Selection Clause in Diversity Case, Strasburger Trial & Error Blog (November 2016)
• Forum Selection Clauses Enforceable by Mandamus, Strasburger Trial & Error Blog (October 2016)
• Fifth Circuit Green Lights Remand of Red Light Case, Strasburger Trial & Error Blog (May 2016)
• TCPA Attorney’s Fees Must be Reasonable, Not Just or Equitable, Strasburger Trial & Error Blog (April 2016)
• When Does Postjudgment Interest Start to Accrue?, Strasburger Trial & Error Blog (October 2015)
• Procedural Rulings from Supreme Court’s 2014-2015 Term, Strasburger Trial & Error Blog (October 2015)
• The Texas Supreme Court Holds that Statutory Cap on Exemplary Damages Need Not be Pleaded, Strasburger Trial & Error Blog (July 2015)
• Fifth Circuit Holds That Evidence Adduced at a Default Judgment ‘Prove Up’ Hearing Cannot Cure a Deficient Complaint, Strasburger Trial & Error Blog (April 2015)
• Texas Supreme Court Holds That Limitations Not Tolled as a Matter of Law Where Publicly Filed Records Are Not Conclusive, Strasburger Trial & Error Blog (February 2015)
• New Federal Rule of Civil Procedure 45: Subpoenas Simplified, Strasburger Trial & Error Blog (January 2014)
• Fifth Circuit Holds That When Less Than All Defendants are Parties to a Forum Selection Clause, a District Court Should Sever and Enforce the Clause, Strasburger Trial & Error Blog (January 2015)
• Did the Supreme Court Make the Right Choice (of Law)?, Strasburger Trial & Error Blog (November 2014)
• Texas Supreme Court Reverses One of the Highest Sanctions Awards in Texas History, Strasburger Trial & Error Blog (October 2014)
• How Late is Too Late for Objections to the Charge? Strasburger Trial & Error Blog (October 2014)
• Lawsuit Over Local Yelp Criticism Raises Questions About On Line Comments, WOAI – San Antonio (January 2014)
• Remand Order Cannot Be Appealed, Fifth Circuit Says, Strasburger Trial & Error Blog (December 2013)
• Songwriters’ Twice Dismissed Suit Born Again Under FRCP 60, Strasburger Trial & Error Blog (October 2013)
• Co-author, The Patent Infringement Litigation Handbook: Avoidance and Management, ABA Publishing (2010)