Commercial Roundup
Commercial Roundup
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
Commercial Appeals 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
Commercial Appeals Roundup
Note for readers
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
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 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
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 Roundup: Week of 2-24-20 Appeals
- Buyers of auto parts didn’t agree to arbitrate antitrust claims against suppliers by taking on Limited Warranty servicing duties. opn.ca6.uscourts.gov/opinions.pdf/2
- Comcast must answer monopolization claims in case over local cable ads markets. media.ca7.uscourts.gov/cgi-bin/rssExe
- Rampant use of Western Union’s money-transfer system to commit fraud didn’t give rise to strong inference that execs
Commercial Case Roundup: Appeals (Week of 1-27-20)
- Phone system that makes calls “using a random or sequential number generator” doesn’t offend Telephone Consumers Protection Act. http://media.ca11.uscourts.gov/opinions/pub/files/201814499.pdf
- “The place of jurisdiction is Vienna” permits but does not mandate litigation in Austria’s capital. https://courts.delaware.gov/Opinions/Download.aspx?id=301050
- Complaint that buyer of company shorted seller on payout by hiding flip opportunity stated fraud claim.
A New Day in the Fifth Circuit?
Possible shift
In 2014, the ABA Journal called the Fifth Circuit the “nation’s most divisive, controversial and conservative appeals court”. Liberal blog Jezebel deemed it “exceedingly conservative”. Even The Wall Street Journal described the court this year as “conservative-leaning”.
But in a recent case over limits on voting rights, the court ruled for the left-leaning opponents of the restrictions. And last week, the court sitting en banc voted 11-5 to revive a $250+ million class action. Torres v. S.G.E. Management, L.L.C., No. 14-20128 (5th Cir. Sept. 30, 2016) (en banc).
Has the court’s center of gravity shifted?