Here you go–Commercial Roundup for the couple of weeks ending September 14, 2023
Commercial Roundup – September 15, 2023
Commercial Roundup – August 23, 2023
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
Commercial Roundup – July 13, 2023
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.
Commercial Roundup – June 2, 2023
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.
Commercial Roundup – April 12, 2023
Welcome to this week’s Commercial Roundup—in which you’ll find links to the most significant rulings by the U.S. Supreme Court and the 13 Courts of Appeals plus the highest courts in Delaware, New York, and Texas. You’ll also see other matters of interest to commercial trial lawyers and the firms and business people they represent.
This week a couple of Latin phrases we learned in the first year of law school headline the list. The first—res ipsa loquitur—means something like “the thing (res) speaks (loquitur) for itself (ipsa)” and provides a shortcut for a party wishing to prove a claim of negligence. The other Latin phrase—forum non conveniens—suggests the plaintiff brought a case in a place (forum) whose remoteness to the parties, witnesses, and sources of proof and lack of expertise in governing law (among other factors) render it sufficiently inconvenient (non conveniens) as to justify dismissing the case in favor of, or transferring it to, a much more convenient forum.
We also have an important First Circuit ruling on a pair of issues that arise often in efforts to enforce arbitration clauses and confirm awards, a “tacking” question regarding priority of trademarks, and decisions on when limitations starts to run in securities fraud cases, insurance coverage for COVID-19 losses, damages remedy for fraudulent transfer, and when prior art “anticipates” a claim limitation without mentioning it.
So here we go—Commercial Roundup for the week of April 5-12.
Commercial Roundup–March 23, 2023
Welcome to this week’s Commercial Roundup.
Below you will find headlines and links to appellate decisions and other items of particular interest to business people and lawyers dealing with complex disputes.
If you haven’t already subscribed to The Contingency, I invite you to do it now. Just enter your email address in the box to the right, hit the return button, and click the “Yes, subscribe me to this list” rectangle in the confirmation email you’ll receive.
Now let’s get to the Roundup!
Barry
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
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
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