Welcome to this week’s Commercial Roundup.
Below you will find headlines and links to appellate decisions and other items of particular interest to business people and lawyers dealing with complex disputes.
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Now let’s get to the Roundup!
Barry
- “The Antitrust Division will be vigilant in protecting workers.”
- Securities fraud complaint partly survives.
- Federal regulation didn’t block retail merchant’s tort claims for losses from outage in payment system, but merchant didn’t support third-party beneficiary status on contract.
- Federal regulation didn’t block retail merchant’s tort claims for losses from outage in payment system, but merchant didn’t support third-party beneficiary status on contract.
- Failure to pursue “alternate sources of evidence” defeats claim for other side’s “fraud on the court”.
- $5.6 billion class-action deal over charge-card fees wins Second Circuit panel’s thumbs up despite doubts about “service fees” for class reps, “disquiet” over “results”, and concern for “overlooked” joint-buyer issue under Illinois Brick rule.
- Delay in tendering $10,000 policy limit exposes insurer to trial on liability for $5 million judgment.
- U.S. citizen’s claim that foreign officials tortured him abroad lacked jurisdictional nexus to U.S.
- “(x) and (y)” means “either (x) or (y)” in option contract. #joint #several #conjunctive #disjunctive.
- Tweaks to Rule 702 would turn judges into fact finders, class cert motions into mini-trials.
- Fast-fashion store’s Section 1 Sherman Act claim lacked proof that clothes suppliers agreed among themselves to boycott in favor of rival. “Conscious parallelism” won’t do the trick.
- Steve would have f#@%ing loved this.
- Buyer of void STOLI policy may recover premiums if less at fault than life insurer.