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.
- Voluntary dismissal without prejudice didn’t trigger right to fees for
- Lack of unjust enrichment from infringement of party bus trademarks supported denial of profits disgorgement under Lanham Act. https://ecf.ca8.uscourts.gov/opndir/20/04/182990P.pdf
- Delaware choice of law clause in employment contract trumped forum (Massachusetts) law. http://media.ca1.uscourts.gov/pdf.opinions/19-1611P-01A.pdf
- Diverse defendant could “snap” remove case before plaintiff served non-diverse defendant. http://ca5.uscourts.gov/opinions/pub/18/18-31184-CV0.pdf
- Stipulation of dismissal with prejudice
The Contingency is slow off the mark this Monday, but it’s not because federal and state appellate courts reduced their output due to COVID-19 last week. That may change as social distancing measures postpone live hearings, but so far so good.
- Article III standing test required more than risk of misdiagnosis or mistreatment
COVID-19 didn’t slow the appellate courts last week, as you can see from the 16 entries below.
- Race must “motivate” decision not to make contract under 42 U.S.C. 1981. https://supremecourt.gov/opinions/19pdf/18-
- Fifth Circuit will rehear case on constitutionality of CFSB en banc. http://ca5.uscourts.gov/opinions/pub/18/18-60302-CV1.pdf… and http://ca5.uscourts.gov/opinions/pub/18/18-60302-CV0.pdf
- You can’t
The co-managing partners of my firm issued the message below for Susman Godfrey’s friends and clients, including you.
Expect updates on COVID-19 developments here and @contingencyblog.
- Light bulb maker could grant distributor a copyright sublicense to use licensor’s photos of light bulbs without saying so and as matter of
In this time of concern and disruption over Covid-19, I and my colleagues at Susman Godfrey (SG) are busy taking steps to safeguard our firm family while continuing to be proactive in protecting the interests of our clients and moving matters forward as necessary and appropriate. I hope that you, your colleagues, and your families…
- Magistrate judge can’t rule on whether to appoint receiver. http://media.ca1.uscourts.gov/pdf.opinions/18-1405P-01A.pdf
- Inventors‘ hiding their offer to sell oil recovery method from USPTO invalidated patents. http://cafc.uscourts.gov/sites/default/files/opinions-orders/16-2231.Opinion.3-2-2020_1543098.pdf
- Patent infringement that doesn’t happen until after importation supports exclusion order. http://cafc.uscourts.gov/sites/default/files/opinions-orders/18-1450.Opinion.3-2-2020_1543049.pdf
- Facebook users had standing to sue over misuse of URL data in their
- Buyers of auto parts didn’t agree to arbitrate antitrust claims against suppliers by taking on Limited Warranty servicing duties. https://opn.ca6.uscourts.gov/opinions.pdf/20a0053p-06.pdf
- Comcast must answer monopolization claims in case over local cable ads markets. http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D02-24/C:18-2852:J:Hamilton:aut:T:fnOp:N:2477274:S:0
- Rampant use of Western Union’s money-transfer system to commit fraud didn’t give rise to strong inference that execs