This week’s Commercial Appeals Roundup actually covers a fortnight of appeals court rulings, from May 18 to June 5. Eyeballing the total number (24) makes me think the courts’ output has slowed only a little as a result of COVID-19.
Subject-matter-wise, the courts:
- spoke on 7 IP issues,
- dealt with securities and pension claims in 4,
- decided arbitration questions in 3,
- considered commercial contract claims in 2,
- upheld 1 big price-fixing jury award, and
- resolved 1 case each involving (a) Article III standing, (b) punitive damages, (c) removability of some kinds of nuisance cases, (d) res judicata, (e) the appointments clause, (f) preemption, and a (g) copycat class action.
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Signing of one-page contract to rent car didn’t bind customers to arbitration clause in “rental jacket”. www2.ca3.uscourts.gov/opinarch/18378
Scent sprayer patent was obvious. cafc.uscourts.gov/sites/default/
Grant of right to use trademark in divorce didn’t create “naked license” without quality controls and therefore didn’t abandon trademark. ecf.ca8.uscourts.gov/opndir/20/05/1
Copyright owner doesn’t have burden to show copied elements of its work were protectable. media.ca11.uscourts.gov/opinions/pub/f
Broad warnings about risk of single-stock funds beat ERISA claim for failure to warn employees about risk of fund that owned employer’s stock. ca5.uscourts.gov/opinions/pub/1
Because my practice focuses on complex commercial disputes–especially antitrust, energy, and intellectual property–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.
Check out my profile on the Susman Godfrey website.