Contempt action for violation of bankruptcy discharge order belonged in court despite arbitration clause. ca2.uscourts.gov/decisions/isys
DACA survives. supremecourt.gov/opinions/19pdf
Lawyer who won judgment on Argentine bonds had lien on proceeds of settlement he didn’t participate in and could sue Argentina under commercial activity exception to FSIA. ca2.uscourts.gov/decisions/isys
Arbitration clause required that arbitrator arbitrate arbitrability. opn.ca6.uscourts.gov/opinions.pdf/2
Monopolization claim against giant in niche packaging market didn’t state viable patent fraud, sham litigation, or bundling predicates. ecf.ca8.uscourts.gov/opndir/20/06/1
Class false advertising claim didn’t qualify for restitution due to availability of damages as legal remedy. cdn.ca9.uscourts.gov/datastore/opin
Experts and part owner of partnership failed to support opinions on loss-in-value trade-secret damages. txcourts.gov/media/1447776/
Bank’s proxy statement may have misled shareholders about regulatory risks its practices posed to merger. www2.ca3.uscourts.gov/opinarch/17369
Shift in focus didn’t sidestep with-prejudice dismissal’s preclusive effects on later patent infringement claims. cafc.uscourts.gov/sites/default/
SEC’s power to get “equitable relief” includes disgorgement but only to extent of wrongdoer’s net profits and only to benefit victims. supremecourt.gov/opinions/19pdf
Qui tam claim for fraud beats officials’ immunity defense. ca4.uscourts.gov/opinions/18157
Bankruptcy plan can estimate how long it will last. cdn.ca9.uscourts.gov/datastore/opin
Third-party counterclaim defendants have no right to remove a case from state court. media.ca11.uscourts.gov/opinions/pub/f
Breach of duty to disclose claim against director requires proof of reliance, causation, and damages. courts.delaware.gov/Opinions/Downl
Refund of improper charge didn’t defeat Article III standing. cdn.ca9.uscourts.gov/datastore/opin
SEC didn‘t have to impose fiduciary duty on broker-dealers. ca2.uscourts.gov/decisions/isys
Russian operator of websites that enabled users to rip audio files may have to defend against music owners’ copyright claims in Virginia. ca4.uscourts.gov/opinions/19112
Class of life insurance owners can keep $34 million verdict for improper “cost of insurance” fees that State Farm added to premiums. ecf.ca8.uscourts.gov/opndir/20/06/1
Airplane bathroom patent on space-saving design was obvious. cafc.uscourts.gov/sites/default/
Skipping interlocutory appeal didn’t forfeit appeal from final judgment. txcourts.gov/media/1448051/
Business that alleged defamation had only a business disparagement claim. txcourts.gov/media/1448050/
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.
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