This late-summer edition of Commercial Roundup features a notable ruling on personal jurisdiction, a pair of False Claims Act decisions, a couple of opinions tossing class certification orders, a 2-1 split in a securities fraud case (the dissent has the better end of it), a rare victory for plaintiffs in an action for unlawful maintenance
Welcome to the Commercial Roundup for July 26, 2023. With the U.S Supreme Court and the highest courts of New York and Texas on hiatus, the Supreme Court of Delaware and nine of the 13 U.S. Courts of Appeals supplied the commercial decisions that Roundup has cut into little pieces for you to sample.
Welcome to The Commercial Roundup for July 13, 2023. While the pace of new opinions has slowed, it has not stopped. And this issue includes the end of the Supreme Court’s 2022-23 Term.
Welcome to The Contingency‘s Commercial Roundup for June 28!
Since our last issue, much has happened, not least FeedSpot’s recognition of The Contingency as one of the 30 Best Antitrust Law Blogs and Websites.Continue Reading Commercial Roundup – June 28, 2023
A golden age of civil antitrust, from the 1960s into the 1980s, enriched the victims of cartels and monopolies but upset corporate America. The high cost of paying treble damages claims eventually provoked a spare-no-expense approach to defense. That in turn influenced the way plaintiffs prosecuted their Sherman Act claims.
Much the same thing has
Welcome back to Commercial Roundup–the best source for the latest appellate decisions on issues that matter in commercial litigation. In this issue, you’ll find four Supreme Court rulings on overseas torts, patent enablement, the reach of the False Claims Act, and limits on the Securities Act of 1933 as well as opinions on a range of topics from all but two of the 13 federal Courts of Appeals and the Supreme Court of Texas. Have a terrific weekend–and don’t forget to subscribe so you’ll get future issues without having to look for them.Continue Reading Commercial Roundup – June 2, 2023
The last week brought losses for antitrust enforcers (“Apple’s concerns over app security” and “Laches and Trinko kill”), for a man who sued to get “co-inventor” status (“Adding option to patent”), for distributors invoking franchise-law protections (“State franchise statute didn’t apply”), for plaintiffs wishing to toll limitations under an 1841 statute (“Defendant’s ‘absence from state”), for some contract deadline enforcers (“Time ‘from’ or ‘after’”), and for some avoiders of collateral estoppel (“Ruling on question of issue preclusion”).
Have a terrific week–Commercial Roundup will see you again next Wednesday morning.
Barry BarnettContinue Reading Commercial Roundup – May 3, 2023
Commercial Roundup offers a double feature this week–two weeks in one.
We lead off with a memory (“The biggest surprise?”), proceed through a slew of IP rulings, pause on my colleagues’ big win against Fox News (“All it took”), note the Supreme Court has cleared the way for constitutional attacks on the SEC and FTC (“How about now?”) and the Fifth Circuit almost immediately expedited one such attack (“Fifth Circuit looks anxious”), and highlight rulings on choice of law clauses and class certification before ending on a high note (“Need a lift”).
Have a terrific rest of the week.Continue Reading Commercial Roundup – April 27, 2023