Stephen D. Susman, the founder of my firm and a titan in the antitrust bar, pioneered representing private antitrust plaintiffs on a contingent-fee basis.
Nobody knew better than Steve how to manage risk in antitrust cases — how to choose them, staff them, litigate them,
Check out U.S. District Judge Yvonne Gonzalez Rogers’s Rule 52 Order After Trial on the Merits in the Epic Games, Inc. v. Apple Inc. case at Rule 52 Order 9-10-21
To celebrate the arrival of summer, I am trying an experiment.
In this post–which covers almost all of June–I’ve sorted commercial rulings by the U.S. Supreme Court, the U.S. Courts of Appeals, and a selection from the highest state courts according to subject matter.
The resulting headings group decisions by broadly descriptive categories (e.g., Antitrust and Intellectual Property) for quicker reference. As usual, you may access the decisions by clicking on the case summary itself.
Please let me know you find these signposts worthwhile.
Continue Reading Commercial Roundup
Alright, we’ve returned from a hiatus and bring you up to date for May 2021 with this edition of Commercial Appeals Roundup.
Continue Reading Commercial Appeals Roundup
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.
You can follow along during the week on Twitter (@contingencyblog) or here at The Contingency each Monday with this Commercial Appeals Roundup.
Continue Reading Commercial Appeals Roundup
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. 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:
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