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
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
- 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…
Because my practice focuses on complex commercial disputes–especially cases involving antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court and the 13 U.S. Courts of Appeals.
You can follow along during the week on Twitter (@contingencyblog) or here at The Contingency each Monday with this Commercial Case Roundup: U.S. Appeals.…
Continue Reading Commercial Case Roundup: U.S. Appeals
Last October, the Consumer Financial Protection Bureau published a study on how banks and other lenders use bans on class actions to save money.
The study resulted from a mandate in the Dodd-Frank Wall Street Reform and Consumer Protection Act.
As I noted when the study came out:
In 2016, despite contracts that mandate
How will lower federal courts react to the loss of a 5-4 pro-business majority on the U.S. Supreme Court?
In this post, I will tell you my Antonin Scalia story — and about his role in limiting class actions.…
Continue Reading Justice Scalia & Me
A U.S. appeals court judge told me a few years ago that private contracts between businesses should call for settling disputes through bench trials rather than by arbitration.
But neither the judge nor I thought to mention a factor that may matter more than the relative quality of justice in courts versus private arbitration. As a recent 2-1 ruling by the Ninth Circuit just reminded us, federal courts strongly favor public access to case records — even if the records include deeply embarrassing documents that a party produced in discovery.…
Continue Reading Keeping Secrets