Judge Jerry E. Smith, of the U.S. Court of Appeals for the Fifth Circuit. Credit: Diego M. Radzinschi / ALM
An appellate lawyer in Texas faced a federal circuit judge’s wrath during oral argument Wednesday, in an appeal that unsuccessfully challenged an $18 million arbitration award.
Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit lambasted Thompson Coe partner Kevin Risley, who represents Santa Barbara Medical Innovation Co., for bringing what he saw as an effort to retry a case the company agreed to take into arbitration. Smith accused Risley of drawing out the fight that had already been before arbitrators and a federal district court.
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