Please, please, please! Can't Blawgletter just give you a summary of the business law cases the federal courts of appeals decided today? If not, read no further. If so . . . well, you know what to do.
- Federal Circuit revives patent infringement claim for elevator manufacturer due to error in Markman claim construction. Schindler Elevator Corp. v. Otis Elevator Co., No. 09-1146 (Fed. Cir. Jan. 15, 2010) (reversing summary judgment of non-infringement).
- Third Circuit joins several other Circuits in holding that, for purposes of federal diversity of citizenship jurisdiction, a limited liability company has the citizenship of each of its members; court also affirms enforcement of non-compete provisions in an employment contract involving fireworks displays by way of preliminary injunction. Zambelli Fireworks Mfg. Co., Inc. v. Wood, No. 09-1526 (3d Cir. Jan. 15, 2010) (applying Pennsylvania law).
- Something about whether a new class representative may join a class case that never belonged in court because the dispute had become moot before its original filing. Murray v. Fidelity Nat'l Financial Inc., No. 09-50157 (5th Cir. Jan. 15, 2010).
- District court can't just deny a motion for class certification without saying why. Narouz v. Charter Communication, No. 07-56005 (9th Cir. Jan. 15, 2010).
- Permanent ban on felon's association with any broker-dealer or investment adviser stands. Kornman v. Securities and Exchange Comm'n, No. 09-1074 (D.C. Cir. Jan. 15, 2010).
- District court should've ruled on whether H&R Block qualified under a state statute as a "credit services business" before deciding if federal law preempts the statute. H&R Block Eastern Enterprises Inc. v. Raskin, No. 08-2162 (4th Cir. Jan. 15, 2010).