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

This week’s Commercial Roundup follows three days of all antitrust, all the time at the ABA Antitrust Law Section’s annual Spring Meeting in our nation’s capital. More than 3,700 government enforcers, private lawyers, judges, economists, econometricians, academics, students, and others assembled to talk about the recent past and future of antitrust in the U.S. and around the world.

The Roundup includes but one post about the Spring Meeting—BIG meets ABA—but it will give you a good sense of the combat that flickered into view amid the nerdy bonhomie. You can find other posts on the Spring Meeting here, here, and here.

Now, let’s get to the Roundup!Continue Reading Commercial Roundup – April 5, 2023

Dry MaxIn the proverb, the dog in the manger can't benefit from eating the feed he's found in the barn, but he snarls and bites at the other beasts who could digest it and will starve without it. If I can't get a meal, neither can any of you.

The story came to mind last week.

Last February, Blawgletter wrote about a case that struck us as taking the issue of parties' "citizenship" to a Whole New Level. We said:

The Sixth Circuit today booted a case because it couldn't tell if it belonged in federal court or not.

The lawsuit pitted a Keystone State corporation (with a Pennsylvania principal