The Contingency is slow off the mark this Monday, but it’s not because federal and state appellate courts reduced their output due to COVID-19 last week. That may change as social distancing measures postpone live hearings, but so far so good.
- Article III standing test required more than risk of misdiagnosis or mistreatment from errors in healthcare software. media.ca1.uscourts.gov/pdf.opinions/1
- Mortgage holder could collect 24 percent default interest. ca2.uscourts.gov/decisions/isys
- Providing business card with fax number consents to getting sales pitches by fax. www2.ca3.uscourts.gov/opinarch/18360
- Forum choice clause in tort defendant’s insurance policy required suit in Australia. cdn.ca9.uscourts.gov/datastore/opin
- Dunkin’ Donuts didn’t subject itself to general jurisdiction in New York. ca2.uscourts.gov/decisions/isys
- Arbitration panel in U.K. counted as “foreign tribunal” for purposes of obtaining evidence in U.S. under 28 U.S.C. 1782. ca2.uscourts.gov/decisions/isys
- Free speech allowed parody of Jack Daniel’s bottle trade dress. cdn.ca9.uscourts.gov/datastore/opin
- New York statute didn’t allow suit against lawyers for inducing client to bring meritless case. nycourts.gov/ctapps/Decisio
- Overtime case may warrant collective-action treatment but not class-action. ca2.uscourts.gov/decisions/isys
- Yen derivatives traders claiming banks conspired to manipulate benchmark rates plausibly alleged economic loss and ergo had standing to bring Sherman Act claims. ca2.uscourts.gov/decisions/isys …
- U.S. sub didn’t bind non-U.S., non-signatory parent to arbitrate commercial dispute. ca2.uscourts.gov/decisions/isys
- Hague Convention didn’t prevent informal service of process in China under contract. courts.ca.gov/opinions/docum
- Arbitrator will decide conscionability (or not) of requiring arbitration. ca5.uscourts.gov/opinions/pub/1
- Trade secrets claim didn’t raise patent issues enough to support removal of case from state court. cafc.uscourts.gov/sites/default/
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.