The summer doldrums have slowed but not halted the flow of rulings by the U.S. Courts of Appeals, but you can’t say the same about the highest courts in Delaware, New York, and Texas.
Despite the more languid pace of federal-court opinions, we have a cornucopia of them–28 in all. I’m happy to say the backlog is a result of having quite a lot to do in my day job at Susman Godfrey.
The state-court pipelines have paused their deliveries since July 31 (in Delaware), July 17 (Texas), and June 29 (New York)–yielding just one opinion (on a rare instance of declining to order a shareholder meeting to elect directors).
Below the jump you’ll find the latest roundup of blurbs-with-links.
Commercial Appeals Roundup
Federal claim against Wells Fargo for opening fake customer accounts mooted need for survey of state law differences for purposes of settlement class certification. cdn.ca9.uscourts.gov/datastore/opin
IPR that attacked gaming system patent as obvious didn’t violate APA by relying on points not raised by patent owner.
Contract providing both that costs of dispute “shall be borne” by parties and that prevailing party “shall be reimbursed” its costs meant prevailing party would bear its costs only until it prevailed. opn.ca6.uscourts.gov/opinions.pdf/2
Need to fix apparent “drafting error” in Florida court ruling justified Delaware chancery court’s rare refusal to order shareholder meeting to elect directors first. courts.delaware.gov/Opinions/Downl
That brings us up to date for the Commercial Appeals Roundup. I hope to see you in this same space next Monday, August 24. Be well.
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.
Check out my profile on the Susman Godfrey website.