Welcome to the Commercial Roundup for July 26, 2023. With the U.S Supreme Court and the highest courts of New York and Texas on hiatus, the Supreme Court of Delaware and nine of the 13 U.S. Courts of Appeals supplied the commercial decisions that Roundup has cut into little pieces for you to sample.
- Antitrust Division’s bid to block sugar refiner from buying a competing refiner should have defined the product market to include non-refiners.
- Registration of copyright in derivative work covered original work that the derivative work included.
- Issue class under Rule 23(c)(4) still must meet Rule 23(a) and one of the Rule 23(b) subparts.
- Montreal Convention granted subject-matter jurisdiction over air carriage disputes but not personal jurisdiction.
- Contract called for “expert determination” of a discrete issue instead of “arbitration” of parties’ dispute.
- $25 million award for insurer’s “aggravation” crossed into “punitive” territory.
- Plaintiff’s denial under oath that he e-signed agreement required trial on whether he agreed to arbitrate.
- Absence of NDA kills trade secret claim.
- Despite loss on claim for damages, wholesalers might win injunction under Robinson-Patman Act of 1936.
- Drilling seven vertical wells instead of using one site to drill several directional wells did not materially interfere with use of surface by its owners.
- Board breached duty of loyalty by using charter to block votes for dissident slate of directors.
- Single online sale of book in forum state didn’t confer personal jurisdiction over out of state seller for copyright infringement claim.
- Online market’s contributory liability for seller’s infringement of trademark rights depends on market’s “willful blindness” after notice of specific infringing uses.
- Non-final IPR invalidation of patent didn’t preclude infringement claim.