Because my practice focuses on complex commercial disputes–especially ones involving antitrust, energy, or intellectual property–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas.
The output of U.S. Courts of Appeals slowed over the summer; the highest courts in Delaware, New York, and Texas went on partial hiatuses; and having finished its 2019-20 Term in June, the U.S. Supreme Court won’t restart its assembly line until October 5. Yet we have a backlog of rulings to report. The 25 blurbs-plus-links below the jump will catch you up on the decisions most likely to affect your commercial litigation practice. Have a great week.…
Continue Reading Commercial Appeals Roundup
The summer doldrums have slowed but not halted the flow of rulings by the U.S. Courts of Appeals, but you can’t say the same about the highest courts in Delaware, New York, and Texas.
Despite the more languid pace of federal-court opinions, we have a cornucopia of them–28 in all. I’m happy to say the backlog is a result of having quite a lot to do in my day job at Susman Godfrey.
The state-court pipelines have paused their deliveries since July 31 (in Delaware), July 17 (Texas), and June 29 (New York)–yielding just one opinion (on a rare instance of declining to order a shareholder meeting to elect directors).
Below the jump you’ll find the latest roundup of blurbs-with-links.
Continue Reading Commercial Appeals Roundup
Contempt action for violation of bankruptcy discharge order belonged in court despite arbitration clause. https://ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/doc/19-648_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/hilite/
DACA survives. https://supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf
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. https://ca2.uscourts.gov/decisions/isysquery/1bd29564-b123-43fd-8ae1-9878c9c0a597/2/doc/19-595_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/1bd29564-b123-43fd-8ae1-9878c9c0a597/2/hilite/
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
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 …
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
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