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Commercial Roundup: Appeals for Week of 3-23-20

By Barry Barnett on March 30, 2020

Posted in Class Actions, Commercial, Corporate, and Contracts, Energy, Intellectual Property, Procedure

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

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Commercial Roundup: Appeals for Week of 3-16-20

By Barry Barnett on March 23, 2020

Posted in Arbitration, Class Actions, Commercial, Corporate, and Contracts, Intellectual Property, Procedure

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

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A Message to Clients and Co-Counsel on Covid-19

By Barry Barnett on March 20, 2020

Posted in Antitrust, Arbitration, Class Actions, Commercial, Corporate, and Contracts, Energy, Intellectual Property, Procedure, Securities

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 Appeals Roundup: Weeks of 3-9-20 and 3-2-20

By Barry Barnett on March 16, 2020

Posted in Antitrust, Class Actions, Commercial, Corporate, and Contracts, Intellectual Property, Procedure

Magistrate judge can’t rule on whether to appoint receiver. media.ca1.uscourts.gov/pdf.opinions/1
Inventors‘ hiding their offer to sell oil recovery method from USPTO invalidated patents. cafc.uscourts.gov/sites/default/
Patent infringement that doesn’t happen until after importation supports exclusion order. cafc.uscourts.gov/sites/default/
Facebook users had standing to sue over misuse of URL data in their

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Commercial Roundup: Week of 2-24-20 Appeals

By Barry Barnett on March 2, 2020

Posted in Antitrust, Commercial, Corporate, and Contracts, Energy, Procedure

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

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Commercial Appeals Update: Week of 2-10-20

By Barry Barnett on February 17, 2020

Posted in Antitrust, Commercial, Corporate, and Contracts, Intellectual Property, Procedure

Expert’s claim of “stigma” to land value from gas pipeline didn’t pass Rule 702 muster. www2.ca3.uscourts.gov/opinarch/18312
Letter that implied lessee paid royalties to wrong entity didn’t meet notice requirement of Louisiana statute. ca5.uscourts.gov/opinions/pub/1
Presence of servers in district didn’t count as regular place of business under patent venue statute. cafc.uscourts.gov/sites/default/

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Commercial Case Roundup: Appeals (Week of 1-27-20)

By Barry Barnett on February 4, 2020

Posted in Commercial, Corporate, and Contracts, Energy, Intellectual Property, Procedure

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.

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