Commercial Case Roundup

By Barry Barnett on December 9, 2019

Because my practice focuses on complex commercial disputes–especially cases involving antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas.

You can follow along during the week on Twitter (@contingencyblog) or here at The Contingency each Monday with this Commercial Case Roundup.

Fee award that exceeded benefit to class wasn’t too small.

ADEA didn’t protect equity partner who wanted to keep practicing after 70.

Class claiming drug maker’s lie about cancer risk prompted purchases met test for alleging RICO proximate cause.
Process for making plastic fuel tanks didn’t infringe patent as matter of law.

Common fund for class didn’t owe counsel fees on top of what settling defendant agreed to pay.

Judgment before class notice bound only class reps.

Jury—not judge—must decide reasonable royalty rate for infringement of standard-essential wireless patents.