Happy Memorial Day! Last week we had a big Delaware ruling on its welter of forum non conveniens doctrines, Texas decisions regarding lawyer liability, three opinions addressing arbitration questions, and a pair of IP pronouncements.
Yeah, you might not want to preview in public what you plan to say in court. At least in Texas.
What “kind” of conduct makes deal lawyers immune from suit for doing it?
Should defense counsel “challenge a juror who demonstrated impartiality during voir dire”?
Later user of “Atlas Logistics” wins trademark claim due to first use of “Atlas” in “related” services.
Contracts between drug store chain and PBMs didn’t bind end-users of drugs to arbitrate claims for inflating prices.
Forum non doctrines allowed Delaware court to defer to California court.
If you “submit to” suit in Place A, does that mean you can’t sue in Places B through Z? Hint: No.
Didn’t see that key part of an online contract you clicked “I accept” for? Bwa ha ha.
Repeat lawsuit filer waived right to arbitrate dispute.
“Dismissed with prejudice” meant “without”.
Patent on system to dispense drugs with okay of remote pharmacist ran afoul of prior art.
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 periodically with this Commercial Appeals Roundup.
Check out my profile on the Susman Godfrey website.