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
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
Commercial Appeals Roundup
Appeals courts kept churning out rulings in the commercial sphere last week, but even more than usual dealt with IP issues—10 of 12 by my count, with one oil and gas and one class action rounding out the dozen.
The Supreme Court Itself spoke up, ruling in a trademark death-match that the end of previous
Commercial Appeals Roundup
Decisions by appeals court have started to slow as the judges work through backlogs and adjust to remote oral arguments, remote conferences, and home offices with yappy dogs and bitey cats. The Week of May 4 produced 7 opinions that rated tweets on @contingencyblog, most of them dealing with intellectual property. Your Commercial Appeals
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 3-23-20
COVID-19 didn’t slow the appellate courts last week, as you can see from the 16 entries below.
Be well.
- Race must “motivate” decision not to make contract under 42 U.S.C. 1981. supremecourt.gov/opinions/19pdf
- Fifth Circuit will rehear case on constitutionality of CFSB en banc. ca5.uscourts.gov/opinions/pub/1 and ca5.uscourts.gov/opinions/pub/1
- You can’t
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