Barry Barnett

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Commercial Roundup: Week of 2-24-20 Appeals

By Barry Barnett on March 2, 2020

Posted in Antitrust, Commercial, Corporate, and Contracts, Energy, Procedure

Buyers of auto parts didn’t agree to arbitrate antitrust claims against suppliers by taking on Limited Warranty servicing duties. opn.ca6.uscourts.gov/opinions.pdf/2
Comcast must answer monopolization claims in case over local cable ads markets. media.ca7.uscourts.gov/cgi-bin/rssExe
Rampant use of Western Union’s money-transfer system to commit fraud didn’t give rise to strong inference that execs

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Commercial Appeals Roundup: Week of 2-17-20

By Barry Barnett on February 24, 2020

Posted in Uncategorized

Chance to undo discharge of claims met due process test for latent asbestosis claimants. www2.ca3.uscourts.gov/opinarch/19143

Billing for road trips that never happened violated False Claims Act. www2.ca3.uscourts.gov/opinarch/19143

“Royal Palm Properties” mark skirts cancellation. media.ca11.uscourts.gov/opinions/pub/f

Claim for bad legal advice on cash-out merger expired three years after

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Commercial Appeals Update: Week of 2-10-20

By Barry Barnett on February 17, 2020

Posted in Antitrust, Commercial, Corporate, and Contracts, Intellectual Property, Procedure

Expert’s claim of “stigma” to land value from gas pipeline didn’t pass Rule 702 muster. www2.ca3.uscourts.gov/opinarch/18312
Letter that implied lessee paid royalties to wrong entity didn’t meet notice requirement of Louisiana statute. ca5.uscourts.gov/opinions/pub/1
Presence of servers in district didn’t count as regular place of business under patent venue statute. cafc.uscourts.gov/sites/default/

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Commercial Appeals Update: Week of 2-3-20

By Barry Barnett on February 10, 2020

Posted in Uncategorized

Lender that lost at trial wins on appeal. ca5.uscourts.gov/opinions/pub/1
Narrow IPR petition kept Patent Trial and Appeal Board from canceling patent claim as indefinite. cafc.uscourts.gov/sites/default/
Lay witness shouldn’t have opined on obviousness of glass-blowing patent. cafc.uscourts.gov/sites/default/
Audio noise control patent survives appeal from one IPR but must face “reply”

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Commercial Case Roundup: Appeals (Week of 1-27-20)

By Barry Barnett on February 4, 2020

Posted in Commercial, Corporate, and Contracts, Energy, Intellectual Property, Procedure

Phone system that makes calls “using a random or sequential number generator” doesn’t offend Telephone Consumers Protection Act. http://media.ca11.uscourts.gov/opinions/pub/files/201814499.pdf
“The place of jurisdiction is Vienna” permits but does not mandate litigation in Austria’s capital. https://courts.delaware.gov/Opinions/Download.aspx?id=301050
Complaint that buyer of company shorted seller on payout by hiding flip opportunity stated fraud claim.

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Commercial Case Roundup: Week of 1-20-20

By Barry Barnett on January 27, 2020

Posted in Uncategorized

Tension between ERISA and insider trading law heads back down to Second Circuit. https://supremecourt.gov/opinions/19pdf/18-1165_4gcj.pdf
Dunning letters left identity of creditor that owned debt unclear. http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D01-21/C:19-1491:J:Hamilton:aut:T:fnOp:N:2461562:S:0
All “right, title, and interest” in ranch didn’t include oil beneath. https://txcourts.gov/media/1445621/170822.pdf

Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas,…

Commercial Case Roundup: Week of 1-13-20

By Barry Barnett on January 21, 2020

Posted in Commercial, Corporate, and Contracts, Intellectual Property, Procedure

Guarantor of loan may have defaulted right to arbitration in Jordan by not raising it in Iraqi court. http://ca4.uscourts.gov/opinions/182212.P.pdf
TV schedule guide patent was obvious. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1309.Opinion.1-13-2020.pdf
Error in model willfulness instruction didn’t wipe out verdict finding of no willful infringement. http://cafc.uscourts.gov/sites/default/files/opinions-orders/18-2215.Opinion.1-13-2020.pdf
Dissident shareholder’s slates of investment-fund trustees missed deadline

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Commercial Case Roundup: Week of 1-6-20

By Barry Barnett on January 13, 2020

Posted in Class Actions, Commercial, Corporate, and Contracts, Intellectual Property

”Representative” proof supported $54 million verdict for class of truck drivers. http://cdn.ca9.uscourts.gov/datastore/opinions/2020/01/06/17-15983.pdf
Lack of class-wide proof of intent doomed debt collection class action. http://ca5.uscourts.gov/opinions/pub/18/18-50551-CV0.pdf
Contract didn’t require class arbitration. https://ecf.ca8.uscourts.gov/opndir/20/01/173501P.pdf
PTAB’s unpatentability ruling bound court in separate infringement action. http://cafc.uscourts.gov/sites/default/files/opinions-orders/18-2256.Opinion.1-10-2020.pdf
Settlement agreement didn’t wipe out previous covenant

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Commercial Case Roundup: Week of 1-3-20

By Barry Barnett on January 6, 2020

Posted in Uncategorized

“Diet” in soft drink name didn’t promise weight loss. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/12/30/18-16721_.pdf
Chief Justice urges civic education. https://www.supremecourt.gov/publicinfo/year-end/2019year-endreport.pdf
ERISA plan couldn’t cut interest rate retroactively. http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/doc/17-1211_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/hilite/
Trucker’s promise to buy shipping broker supported $5.7 million promissory estoppel verdict. http://www.ca5.uscourts.gov/opinions/pub/17/17-20725-CV0.pdf

Note

Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas, and patents–I keep daily track…

Commercial Case Roundup: Week of 12-23-19

By Barry Barnett on December 30, 2019

Posted in Class Actions, Intellectual Property, Procedure

ERISA allowed reformation of plan to fix impermissible definition of retirement eligibility and recalculation of benefits. http://ca2.uscourts.gov/decisions/isysquery/3cb5f6ef-79b3-4dde-8223-03947098d9ef/1/doc/18-487_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/3cb5f6ef-79b3-4dde-8223-03947098d9ef/1/hilite/
Auction of residential mortgages by repo lender met good-faith standard for crediting value of mortgages against loan. https://www2.ca3.uscourts.gov/opinarch/182887p.pdf
Airline overtime claims raised individual issues that precluded class certification. https://www2.ca3.uscourts.gov/opinarch/183143p.pdf
Defense lawyer didn’t

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The Contingency

Barry Barnett

Commercial Roundup: Week of 2-24-20 Appeals

Commercial Appeals Roundup: Week of 2-17-20

Commercial Appeals Update: Week of 2-10-20

Commercial Appeals Update: Week of 2-3-20

Commercial Case Roundup: Appeals (Week of 1-27-20)

Commercial Case Roundup: Week of 1-20-20

Commercial Case Roundup: Week of 1-13-20

Commercial Case Roundup: Week of 1-6-20

Commercial Case Roundup: Week of 1-3-20

Commercial Case Roundup: Week of 12-23-19

Barry Barnett

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