- ERISA allowed reformation of plan to fix impermissible definition of retirement eligibility and recalculation of benefits. http://ca2.uscourts.gov/decisions/isysquery/3cb5f6ef-79b3-4dde-8223-03947098d9ef/1/doc/18-487_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/3cb5f6ef-79b3-4dde-8223-03947098d9ef/1/hilite/
- Auction of residential mortgages by repo lender met good-faith standard for crediting value of mortgages against loan. https://www2.ca3.uscourts.gov/opinarch/182887p.pdf
- Airline overtime claims raised individual issues that precluded class certification. https://www2.ca3.uscourts.gov/opinarch/183143p.pdf
- Defense lawyer didn’t have to testify about witness interviews. https://ecf.ca8.uscourts.gov/opndir/19/12/181251P.pdf
- Copy service didn’t infringe copyright in math manuals. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/12/27/18-55331.pdf
- Claims in patents on opioid treatment of patients having liver function impairment were obvious. http://cafc.uscourts.gov/sites/default/files/opinions-orders/18-2361.Opinion.12-27-2019.pdf
Because my practice focuses on complex commercial disputes–especially 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.