Spirit: The Home of the Bare Fare Keeps Flying.

On January 17, 2024, a judicial appointee of a President whose administration sharply curtailed antitrust enforcement* blocked a $3.8 billion attempt by JetBlue to merge its way into making the Big Four U.S. airlines (American, Delta, United, and Southwest) into the Big Five (with JetBlue as

U.S. Circuit Judge Jennifer Sung made the comment December 6 during oral argument in the Federal Trade Commission’s ongoing effort to block Microsoft’s $69 billion purchase of Activision Blizzard, the biggest U.S. maker of video games. (Hat tip to Josh Sisco at Politico Pro.) The FTC claimed that the merger threatened to substantially reduce competition

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

Welcome to the November 15, 2023 edition of Commercial Roundup. It will catch you up on the latest appellate decisions by federal appellate courts and the highest courts in Delaware, New York, and Texas on antitrust, arbitration, class actions, intellectual property, securities, and other important issues in complex business and commercial disputes.

  • Expert witness

Last Friday, October 27, U.S. District Judge Amit Mehta overruled an objection by Google’s trial counsel to a question about how much the online search and ad giant pays Apple and other browser providers for making Google’s search engine the default. The lawyer claimed that making the dollar amount public would hurt Google’s negotiating position

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

This late-summer edition of Commercial Roundup features a notable ruling on personal jurisdiction, a pair of False Claims Act decisions, a couple of opinions tossing class certification orders, a 2-1 split in a securities fraud case (the dissent has the better end of it), a rare victory for plaintiffs in an action for unlawful maintenance