- Chance to undo discharge of claims met due process test for latent asbestosis claimants. www2.ca3.uscourts.gov/opinarch/19143
- Billing for road trips that never happened violated False Claims Act. www2.ca3.uscourts.gov/opinarch/19143
- “Royal Palm Properties” mark skirts cancellation. media.ca11.uscourts.gov/opinions/pub/f
- Claim for bad legal advice on cash-out merger expired three years after shareholder obtained right to pursue appraisal. courts.delaware.gov/Opinions/Downl
- Public disclosure bar of False Claims Act applied to complaint alleging kickbacks by drug maker, but so did exception for original sources. media.ca1.uscourts.gov/pdf.opinions/1
- Text-sending system that didn’t generate random or sequential numbers didn’t violate TCPA. media.ca7.uscourts.gov/cgi-bin/rssExe
- Halt in sales of “patented articles” didn’t obviate need to mark them in order to collect damages for pre-suit infringement. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1080.Opinion.2-19-2020_1535623.pdf
- Bar on transfer of “rights . . . under” contract didn’t prevent assignment of antitrust claims. www2.ca3.uscourts.gov/opinarch/19173
- Assignment naming single well conveyed royalty in all production from wells on lease. txcourts.gov/media/1445847/
- Texas rule allows dismissal of case that affirmative defense renders baseless. txcourts.gov/media/1445850/
Note for readers
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 Appeals Roundup.