The output of U.S. Courts of Appeals slowed over the summer; the highest courts in Delaware, New York, and Texas went on partial hiatuses; and having finished its 2019-20 Term in June, the U.S. Supreme Court won’t restart its assembly line until October 5. Yet we have a backlog of rulings to report. The 25 blurbs-plus-links below the jump will catch you up on the decisions most likely to affect your commercial litigation practice. Have a great week.
Costco’s use of “Tiffany” to sell rings might not infringe jeweler’s trademark.
Federal corporation has citizenship only of state where it has headquarters for diversity purposes.
Law firms’ failure to advise client to get independent legal advice on grant of contingent-fee interest in client’s business violated ethics rule and invalidated contract.
Federal law controls availability of restitution in federal court even if state law governs claim.
Suspicion of copyright infringement started 3-year limitations period running.
Due process attack on IPR fizzles.
Not downloading Uber app = not agreeing to arbitrate.
State ban on “excessive discount” for liquor fell within state-action defense to antitrust claim.
Change in angle of attack on patent justified change in angle on inventorship.
Note to Readers
Because my practice focuses on complex commercial disputes–especially antitrust, energy, and intellectual property–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas.
You can follow along during the week on Twitter (@contingencyblog) or here at The Contingency each Monday with this Commercial Appeals Roundup.
Check out my profile on the Susman Godfrey website.