We round up the most significant appellate decisions relevant to commercial litigation each week.

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

Today, the Antitrust Division of the U.S. Department of Justice and eight states brought an antitrust case against Google LLC in the Eastern District of Virginia, Alexandria Division.

The Complaint alleges monopolization and tying claims under Sections 2 and 1 of the Sherman Act, respectively. It identifies three relevant product markets–Publisher Ad Servers, Ad Exchanges

Steve Susman–my friend and mentor and my firm’s founding partner–died yesterday. A great many people who knew or knew of Steve have sent condolences, which I appreciate very much. I am very sad but also very grateful.

For those of you who hadn’t heard or want to know more, below is a statement that the

  • Claim for bad legal advice on cash-out merger expired three years after

Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas,

  • “Diet” in soft drink name didn’t promise weight loss. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/12/30/18-16721_.pdf
  • Chief Justice urges civic education. https://www.supremecourt.gov/publicinfo/year-end/2019year-endreport.pdf
  • ERISA plan couldn’t cut interest rate retroactively. http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/doc/17-1211_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/9ce07543-f731-4cdf-a2d4-1d44f8fa6505/1/hilite/
  • Trucker’s promise to buy shipping broker supported $5.7 million promissory estoppel verdict. http://www.ca5.uscourts.gov/opinions/pub/17/17-20725-CV0.pdf

Note

Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas, and patents–I keep daily track