Loan contract that limited arbitration to claims under tribal law violated public policy.
Network monitor patent did more than embody abstract idea under Alice.
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
Commercial Appeals Roundup
- Death of contract didn’t kill arbitration clause. media.ca1.uscourts.gov/pdf.opinions/1
- Lack of detail in proof of patent and trademark claims’ weakness doomed winning defendants’ request for attorneys’ fees. cafc.uscourts.gov/sites/default/
- Contractor suing for improper early termination couldn’t use past profits to estimate future ones. ca5.uscourts.gov/opinions/pub/1
- Man who wanted picture of dollar
Commercial Appeals Roundup
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
Commercial Roundup: Appeals
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.
Be well.
- Voluntary dismissal without prejudice didn’t trigger right to fees for
Commercial Roundup: Appeals for Week of 3-30-20
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.
Be well.
- Article III standing test required more than risk of misdiagnosis or mistreatment
Commercial Roundup: Appeals for Week of 3-16-20
COVID-19 isn’t stopping The Contingency or @contingencyblog, but we are following authoritative directives and best practices and hope you and your families are and remain healthy and safe too.
Barry Barnett
- Light bulb maker could grant distributor a copyright sublicense to use licensor’s photos of light bulbs without saying so and as matter of
A Message to Clients and Co-Counsel on Covid-19
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
Commercial Case Roundup: U.S. Appeals
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
Feds Propose Pro-Class Action Rule for Banks
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