COVID-19 didn’t slow the appellate courts last week, as you can see from the 16 entries below.
Be well.
- Race must “motivate” decision not to make contract under 42 U.S.C. 1981. supremecourt.gov/opinions/19pdf
- Fifth Circuit will rehear case on constitutionality of CFSB en banc. ca5.uscourts.gov/opinions/pub/1 and ca5.uscourts.gov/opinions/pub/1
- You can’t sue states for copyright infringement. supremecourt.gov/opinions/19pdf
- Arbitrators didn’t act in bad faith by not explaining dismissal. media.ca1.uscourts.gov/pdf.opinions/1
- Business necessity defense raised individual questions in ADA case against railroad, barring class certification. ecf.ca8.uscourts.gov/opndir/20/03/1
- License of “Hotel California” by part owner of copyright didn’t give licensee standing to sue for infringement. cdn.ca9.uscourts.gov/datastore/opin
- En banc Federal Circuit won’t rehear ruling that Constitution requires more oversight of administrative patent judges. cafc.uscourts.gov/sites/default/
- Government contractor didn’t waive privilege by disclosing conclusions it based on lawyers’ advice. ca4.uscourts.gov/opinions/20124
- Lack of good cause defeats request to extend time to trial. courts.delaware.gov/Opinions/Downl
- End of surface lease didn’t end right of mineral lessee to use surface in Mississippi to extract oil and gas. ca5.uscourts.gov/opinions/pub/1
- Fifth Circuit accepts every argument for reversing certification of annuity class. ca5.uscourts.gov/opinions/pub/1
- Loss on contract claim barred later suit asserting tort claims. media.ca7.uscourts.gov/cgi-bin/rssExe
- Patent on feeder design, ads negated trade dress claim. ca4.uscourts.gov/opinions/18210
- Presence of non-U.S. citizens on both sides of case barred diversity jurisdiction, forum non conveniens dismissal in hip implant cases. opn.ca6.uscourts.gov/opinions.pdf/2
- Cost award may include only expense of making copies, not getting ready to make them. cadc.uscourts.gov/internet/opini
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Recital that court considered “evidence” in ruling on summary judgment motion included evidence filed late. txcourts.gov/media/1446260/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.