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We round up the most significant appellate decisions relevant to commercial litigation each week.

Judgment in German action didn’t bar claim that defendant could (but didn’t have to) bring as counterclaim.

Loan contract that limited arbitration to claims under tribal law violated public policy.

Amount in controversy for purposes of removal under CAFA includes “reasonably possible” punitive damages.

Network monitor patent did more than embody abstract idea under Alice.

Steve Susman–my friend and mentor and my firm’s founding partner–died yesterday. A great many people who knew or knew of Steve have sent condolences, which I appreciate very much. I am very sad but also very grateful.

For those of you who hadn’t heard or want to know more, below is a statement that the

Contempt action for violation of bankruptcy discharge order belonged in court despite arbitration clause. ca2.uscourts.gov/decisions/isys

DACA survives. supremecourt.gov/opinions/19pdf

Lawyer who won judgment on Argentine bonds had lien on proceeds of settlement he didn’t participate in and could sue Argentina under commercial activity exception to FSIA. ca2.uscourts.gov/decisions/isys

Arbitration clause required


This week’s Commercial Appeals Roundup actually covers a fortnight of appeals court rulings, from May 18 to June 5. Eyeballing the total number (24) makes me think the courts’ output has slowed only a little as a result of COVID-19.  

Subject-matter-wise, the courts:

  • spoke on 7 IP issues,
  • dealt with securities and pension claims in

Decisions by appeals court have started to slow as the judges work through backlogs and adjust to remote oral arguments, remote conferences, and home offices with yappy dogs and bitey cats. The Week of May 4 produced 7 opinions that rated tweets on @contingencyblog, most of them dealing with intellectual property. Your Commercial Appeals

Here are the Commercial Appeals Roundups for the weeks of April 20-24, 2020 and April 27-May 1, 2020. The Roundups describe a key aspect of precedential appellate rulings by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas and provide links directly to

Here’s the Commercial Roundup: Appeals for the week of April 13-17, 2020. As you’ll see, it went heavy on intellectual property and procedure, the latter including rulings on arbitration awards and class (de)certification.

Have a great week. We’ll see you again next Monday.

Be well.

  • Voluntary dismissal without prejudice didn’t trigger right to fees for