PETROBRAS’S NON-DISCLOSURE….2010 5TH CIRCUIT OPINION
“Specifically, we find it unnecessary to address the parties’ additional arguments as to whether Petrobras Brazil’s intervention in a related arbitration proceeding after the filing of the instant complaint may confer jurisdiction under the commercial activity exception, and whether the “direct effects” version of the exception was satisfied when Petrobras Brazil failed to close the buyout and remit payment in 2008.”
PETITIONER’S REPLY BRIEF ON THE MERITS FILED ON BEHALF OF PETROBRAS AMERICA INC (2022)
Astra and Feilhaber cannot avoid responsibility for their criminal conduct.
While negotiating the Settlement Agreement, they owed and failed to comply with fiduciary duties that required them to disclose the bribery scheme related to the SPSA.
WHO IS PETROBRAS SUPPORTER AND TEXAS SUPREME COURT JUSTICE BRETT BUSBY?
Brett Busby was appointed to the Court by Governor Greg Abbott in February 2019, confirmed unanimously by the Texas Senate, and elected to a full term in November 2020. An experienced appellate litigator, Justice Busby was a partner at the Bracewell firm in Houston and served on the Fourteenth Court of Appeals for six years before joining the Supreme Court.
Justice Busby is a seventh-generation Texan, third-generation Eagle Scout, and life-long violinist who grew up in Amarillo and Austin. After graduating with high honors from Duke University and Columbia Law School, he served as a law clerk to Justices Byron R. White (Ret.) and John Paul Stevens, U.S. Supreme Court, and to Judge Gerald Bard Tjoflat, U.S. Court of Appeals, Eleventh Circuit.
In private practice, Busby represented plaintiffs and defendants in a wide variety of appeals before the U.S. Supreme Court, Supreme Court of Texas, and federal and state appellate courts. Super Lawyers Magazine named him one of the top 100 lawyers in Texas in 2012, and Chambers and Partners recognized him as a leading Texas appellate lawyer. He is Board Certified in Civil Appellate Law and is a former adjunct professor at the University of Texas Law School, where he helped teach the U.S. Supreme Court Litigation Clinic.
In 2018, the Texas Association of Civil Trial and Appellate Specialists recognized Justice Busby’s judicial service by naming him Appellate Judge of the Year. He has also received the Judge of the Year Award from the Hispanic Bar Association of Houston and the Outstanding Mentor Award from the Houston Young Lawyers Association. Attorneys consistently rate Justice Busby highly in judicial evaluation polls.
Justice Busby is dedicated to improving the justice system and the legal profession. His fellow Texas appellate lawyers recently elected him as Chair of the State Bar of Texas Appellate Section. He works closely with the Texas Access to Justice Commission, which helps assure that Texans with limited means have access to basic civil legal services. He previously served on the Texas Multi-District Litigation Panel and chaired the State Bar Committee on Pattern Jury Charges (Business, Consumer, Insurance, and Employment). Busby is also active in his community: he is a Senior Fellow of the American Leadership Forum and has served on the boards of the Post Oak School and the Houston Symphony (where he chaired the Artistic Affairs Committee and the Music Director Selection Committee).
Justice Busby and his wife, Erin, met while clerking at the U.S. Supreme Court. They have two children.
His term ends December 31, 2026.