Commercial Appeals Roundup

Contempt action for violation of bankruptcy discharge order belonged in court despite arbitration clause. https://ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/doc/19-648_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/hilite/

DACA survives. https://supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf

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. https://ca2.uscourts.gov/decisions/isysquery/1bd29564-b123-43fd-8ae1-9878c9c0a597/2/doc/19-595_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/1bd29564-b123-43fd-8ae1-9878c9c0a597/2/hilite/

Arbitration clause required that arbitrator arbitrate arbitrability. https://opn.ca6.uscourts.gov/opinions.pdf/20a0184p-06.pdf

Monopolization claim against giant in niche packaging market didn’t state viable patent fraud, sham litigation, or bundling predicates. https://ecf.ca8.uscourts.gov/opndir/20/06/183167P.pdf

Class false advertising claim didn’t qualify for restitution due to availability of damages as legal remedy. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/06/17/18-15890.pdf

Experts and part owner of partnership failed to support opinions on loss-in-value trade-secret damages. https://txcourts.gov/media/1447776/170557.pdf

Bank’s proxy statement may have misled shareholders about regulatory risks its practices posed to merger. https://www2.ca3.uscourts.gov/opinarch/173695pa.pdf

Shift in focus didn’t sidestep with-prejudice dismissal’s preclusive effects on later patent infringement claims. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1918.OPINION.6-17-2020_1605082.pdf

SEC’s power to get “equitable relief” includes disgorgement but only to extent of wrongdoer’s net profits and only to benefit victims. https://supremecourt.gov/opinions/19pdf/18-1501_8n5a.pdf

Qui tam claim for fraud beats officials’ immunity defense. https://ca4.uscourts.gov/opinions/181575.P.pdf

Bankruptcy plan can estimate how long it will last. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/06/22/18-17445.pdf

Third-party counterclaim defendants have no right to remove a case from state court. http://media.ca11.uscourts.gov/opinions/pub/files/201711953.pdf

Breach of duty to disclose claim against director requires proof of reliance, causation, and damages. https://courts.delaware.gov/Opinions/Download.aspx?id=307350…

Refund of improper charge didn’t defeat Article III standing. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/06/24/19-35242.pdf

SEC didn‘t have to impose fiduciary duty on broker-dealers. https://ca2.uscourts.gov/decisions/isysquery/2ec4bd4d-6c97-434f-9572-4e5b64f70178/1/doc/19-2886_complete_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/2ec4bd4d-6c97-434f-9572-4e5b64f70178/1/hilite/

Russian operator of websites that enabled users to rip audio files may have to defend against music owners’ copyright claims in Virginia. https://ca4.uscourts.gov/opinions/191124.P.pdf

Class of life insurance owners can keep $34 million verdict for improper “cost of insurance” fees that State Farm added to premiums. https://ecf.ca8.uscourts.gov/opndir/20/06/183419P.pdf

Airplane bathroom patent on space-saving design was obvious. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1935.OPINION.6-26-2020_1610269.pdf

Skipping interlocutory appeal didn’t forfeit appeal from final judgment. http://txcourts.gov/media/1448051/190263.pdf

Business that alleged defamation had only a business disparagement claim. http://txcourts.gov/media/1448050/181211.pdf