New opinions — two civil reversals

A big day, 5 published opinions. I’ll summarize the 3 criminal opinions separately. Below are the two civil cases.

A Goldman Sachs vice president took a job with another company, and when he left he took some computer files with him. Criminal charges for taking the files are pending against the employee; this suit arises from his claim for indemnification and attorney’s fees from Goldman. The district court granted summary judgment for the employee; today, CA3 reversed, finding Goldman’s applicable by-laws ambiguous.

The case is Aleynikov v. Goldman Sachs. Opinion by Fisher, joined by Jones EDPa by designation; Fuentes dissented. Arguing counsel were Christopher Duffy of Boies Schiller for Goldman Sachs and Kevin Marino for the former employee.

Today’s other civil case is the latest appeal arising out of the elephantine asbestos class-action litigation. Decades ago, a talc manufacturer discovered its product contained asbestos, hid that fact, and so defended asbestos-injury suits for decades. When the truth came out, the old plaintiffs sued again: “the crux of their complaint is that BASF and Cahill defrauded them in their initial lawsuits and caused them to settle or dismiss claims that they would otherwise have pursued.” The district court dismissed, and today CA3 reversed the dismissal of the fraud and fraudulent concealment claims.

The case is Williams v. BASF Catalysts. Opinion by Fuentes, joined by McKee and Ambro.