Commercial Appeals Roundup

By Barry Barnett on October 12, 2020

Note for readers

Because my practice focuses on complex commercial disputes–especially ones involving antitrust, energy, or 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.

District court had to address whether agreement containing arbitration clause was binding even though agreement delegated questions of contract formation to arbitrator (10th Cir.).

Legal error by arbitrators doesn’t allow court to set aside award (11th Cir.).

Check out those Quality of Life ratings (Vault).

Implausibility of allegation that employer joined conspiracy to fix generic drug prices doomed ERISA claim (3rd Cir.).

Ten-year contract limitations period applied to claim for negligence in performance of duty to manage oil and gas lease (5th Cir.).

FINRA rule that bars interference with class action doesn’t bar contract clause that bars class arbitration (9th Cir.).

An ideal size for juries? (Judicature)

Order saying plaintiff won case didn’t count as final judgment (1st Cir.).

New content made work copyrightable despite work’s use of old content that belonged to someone else (1st Cir.).

Madoff trustee can claw back profits that went to lucky investors in Ponzi scheme (2nd Cir.).

IPR that couldn’t address new points of joining party didn’t estop party from raising the points in defense of infringement lawsuit (Fed. Cir.).