To celebrate the arrival of summer, I am trying an experiment.

In this post–which covers almost all of June–I’ve sorted commercial rulings by the U.S. Supreme Court, the U.S. Courts of Appeals, and a selection from the highest state courts according to subject matter.

The resulting headings group decisions by broadly descriptive categories (e.g., Antitrust and Intellectual Property) for quicker reference. As usual, you may access the decisions by clicking on the case summary itself.

Please let me know you find these signposts worthwhile.

Antitrust

FTC complaint falls on its Facebook. Hat tip to @alisonfrankel.

The Chicago School’s case for hands-off approach to monopolies doesn’t add up, Hovenkamp writes.

Fraud on Patent Office element of Walker Process monopolization claim didn‘t raise substantial issue of patent law.

Pact not to compete in keyword auctions didn‘t hurt competition, violate FTC Act.

Old school view of Sherman Act strikes down NCAA’s least justifiable curbs on perks for scholar-athletes.

Repeal of statute allowing recovery of “full consideration” for anti-competitive conduct didn’t preclude other forms of relief.

Arbitration

Mention of website didn’t bind Subway patron to online arbitration clause.

FAA mandates swift trial on question of whether plaintiff agreed to arbitrate.

Intermediary contracts that linked hospital to health plan didn‘t bind plan to arbitration clause in pact with PPO.

Arbitration award precluded claims in lawsuit.

Workers who moved goods the last mile may not qualify for exception under Arbitration Act.

Arbitrator, not administrator, must decide whether claims qualify for arbitration under contract.

Class Actions

American Pipe doctrine tolls limitations even for opt-out plaintiffs that file suit before class case reaches ruling on class certification.

Intermediary contracts that linked hospital to health plan didn‘t bind plan to arbitration clause in pact with PPO.

Google’s parent must face claim it misled stock buyers about weakness of security for users’ private profile info.

Blandness of statements cuts against claim, in securities-fraud class action, that they lifted price of stock.

Trading in futures contracts on overseas exchange fell outside Commodity Exchange Act.

ERISA plan member had standing even if total benefits offset overcharges; class certification to get new look on remand.

At trial stage, each class member must prove a concrete “injury in fact”. Mere violation of a class member’s statutory right–“injury in law”–doesn’t confer Art. III standing.

Mixture of misreps and omissions in securities fraud claim barred Affiliated Ute presumption of reliance.

Communications Decency Act/Internet

Statutory claim against Facebook for benefiting from human trafficking survives Communications Decency Act’s section 230 but common-law claims don’t.

Defamation

Failure to ask defamer to withdraw statements entitled defamer to delay, not dismissal.

Energy/Oil & Gas

State can’t block feds from condemning land for gas pipeline right of way.

Cashing royalty checks didn’t necessarily ratify pooling.

ERISA/Pensions

ERISA plan over-paid for record-keeping.

ERISA plan member had standing even if total benefits offset overcharges; class certification to get new look on remand.

Forum Selection

Choice of English forum pushes RICO case across the pond.

Saying book contained “the” law didn‘t imply comprehensiveness.

Fraud/Securities

Google’s parent must face claim it misled stock buyers about weakness of security for users’ private profile info.

Blandness of statements cuts against claim, in securities-fraud class action, that they lifted price of stock.

Trading in futures contracts on overseas exchange fell outside Commodity Exchange Act.

Mixture of misreps and omissions in securities fraud claim barred Affiliated Ute presumption of reliance.

Package inserts didn’t falsely imply FDA approval of drug uses.

Intellectual Property

Inventor’s long delays in filing and pressing patent applications could establish “prosecution laches” defense.

File-access method patent had narrow scope due to disclaimer during prosecution.

Trade secrets claim gave enough detail on which ones former employee misused.

Patent on making image better by using more than one camera failed Alice test for patentability.

Copyright in The Game of Life sprang from work for hire.

“Thin“ copyright in house plans covered only identical or near-identical designs.

State university’s infringement of copyright didn‘t amount to unconstitutional taking of property.

PTAB rulings need review by Director to remedy unconstitutional appointment of PTAB judges.

Party who assigns patent can still attack patent’s validity if attack doesn’t conflict with party’s reps to assignee.

Jurisdiction/Procedure

Okay to weigh equities as matter of law on summary judgment.

Affordable Care Act survives round 3 in Supreme Court due to lack of standing.

American Pipe doctrine tolls limitations even for opt-out plaintiffs that file suit before class case reaches ruling on class certification.

Arbitration award precluded claims in lawsuit.

PTAB rulings need review by Director to remedy unconstitutional appointment of PTAB judges.

FCC rule barring federal program from buying Huawei telecom gear due to security risk didn’t usurp foreign policy function.

At trial stage, each class member must prove a concrete “injury in fact”. Mere violation of a class member’s statutory right–“injury in law”–doesn’t confer Art. III standing.

“Stream of activity” that showed intent to “serve a market” in a state made out of state defendant subject to personal jurisdiction for claim arising from injury in state.

Privacy

Data breach class beats attacks on settlement, fee award.

Texas Law

Cashing royalty checks didn’t necessarily ratify pooling.

State university’s infringement of copyright didn‘t amount to unconstitutional taking of property.

Amazon isn’t the “seller” of goods unless it owns them.

Failure to ask defamer to withdraw statements entitled defamer to delay, not dismissal.

“Stream of activity” that showed intent to “serve a market” in a state made out of state defendant subject to personal jurisdiction for claim arising from injury in state.

* * * *