- Buyers of auto parts didn’t agree to arbitrate antitrust claims against suppliers by taking on Limited Warranty servicing duties. opn.ca6.uscourts.gov/opinions.pdf/2
- Comcast must answer monopolization claims in case over local cable ads markets. media.ca7.uscourts.gov/cgi-bin/rssExe
- Rampant use of Western Union’s money-transfer system to commit fraud didn’t give rise to strong inference that execs knew about or ignored it. ca10.uscourts.gov/opinions/19/19
- Party to contract had standing to sue for breach. Duh. media.ca1.uscourts.gov/pdf.opinions/1
- Permanent resident alien doesn’t count as U.S. citizen for diversity jurisdiction purposes. ca2.uscourts.gov/decisions/isys
- No Obligation Clause in confidentiality agreement set condition precedent that emails expressing agreement to buy/sell oil and gas assets had to but didn’t satisfy. txcourts.gov/media/1445957/
- To shorten ERISA limitations period to 3 years, “actual knowledge” of claim requires actually knowing of fiduciary breach. supremecourt.gov/opinions/19pdf
- High court stay pauses order that makers of generic drugs must turn over e-docs even if not relevant in antitrust MDL. supremecourt.gov/orders/courtor
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 Roundup.