Welcome to The Contingency‘s Commercial Roundup for February 21. We have a ton of cases to catch up on, so let’s get right to it.
- “Single” in patent claim preamble limited apparatus to finding just one biomolecule.
- Auto products buyer didn’t waive claim for seller’s breach by buying more from it.
- Bank that administered famous artist’s trust didn’t allege a viable RICO claim against trust beneficiaries for their efforts to increase payments from trust.
- Copyright Act pre-empted state law claims against Google for showing parts of plaintiffs’ websites in Search App on Android phones.
- Lanham Act allowed windshield repair firm to base false advertising claim on windshield maker’s untrue statements to insurers and car owners about repairability of longer windshield cracks.
- Bond issuer’s addition of “fragments” to standard-form bond-offering documents didn’t support copyright infringement claim against bond-placement agent.
- Use of “Punchbowl” to signal source of product barred free-speech defense against trademark infringement claim under Supreme Court’s 2023 Jack Daniel’s ruling.
- U.S. District Judge William G. Young concludes $3.8 billion merger of Spirit into JetBlue “would substantially lessen competition”.
- Promise that patent “shall be” plaintiff’s property might not have transferred it, but “hereby sell and assign” in later contract did.
- Charter change that removed non-voting shareholder class’s right to sue officers for breaching duty of care didn’t require class’s approval.
- New York law trumped FAA on whether party could appeal refusal to enjoin arbitration.
- Clause giving courts “exclusive jurisdiction” in later contract likely displaced arbitration clause in earlier one.
- Bankruptcy Code allows estates to sell claims to recover preferences.
- Son’s baseless take-over of family business justified his firing after losing control.
- Trucking company that made one-way deliveries to tire maker but fraudulently charged for round trips owed it benefit of the bargain damages.
- “EVERYBODY VS RACISM” didn’t identify source of goods and therefore didn’t qualify for trademark protection.
- Penalties for ex-partners’ breach of promises not to compete or solicit its clients didn’t violate Delaware public policy.
- Buyers of U.S. Treasury bills, notes, and bonds didn’t allege plausible basis for bank cartel that rigged auctions or quashed nascent market for direct trades. hashtag#Twombly.
- Trust Indenture Act didn’t apply to private sale of notes and therefore didn’t forbid no-action clause.
- Attack on statute giving state power to unitize oil and gas interests in horizontal structures didn’t meet standard for Pullman abstention and raised threshold question of standing.
- Jury’s punitive damages award for retaliation against employee who made Title VII claim lacked support.
- Statute allows insurers to delay paying policy holders’ claims, run up their costs, and stiff them on attorney’s fees.
- Derivative plaintiffs waived right to object to live testimony by sole member of special litigation committee at hearing on motion for summary judgment.
- IT contract bidder that Veterans Administration deemed “acceptable” and barely missed VA’s list of finalists had standing to claim the VA should have ranked other bidders below it.
- U.S. Judicial Panel on Multidistrict Litigation rejects disruption and waste as grounds for keeping states’ antitrust actions in Generic Pharmaceuticals MDL.
- D.C. Circuit issues 3-0 immunity ruling in Trump case.
- Limitations didn’t bar GM’s CERCLA claims for clean-up costs it alleges others’ polluting activities caused near an old GM plant.
- Indemnification clause didn’t cover claims between parties to the contract.
- Subsidiary’s stipulation dismissing case with prejudice didn’t count as res judicata for its parent.
- Copyright limits on customers’ use of operating manuals didn’t prevent them from serving as prior art.
- Back-to-back sales of bonds in U.S. through brokers could subject Mexican banks to jurisdiction in class action for fixing bonds’ prices.
- Federal court that had jurisdiction to stay lawsuit in favor of arbitration lacked jurisdiction to confirm or vacate award.
- Expert’s opinion that diabetes drug caused heart problems lacked reliable support.
- Law of the case and issue preclusion barred toxic tort claims of around 150 plaintiffs who joined a single complaint but not the claims of 20 or so who didn’t.
- Evidence of strong odor that caused headaches precluded summary judgment on claims against pipeline owner for leaking of diesel and gasoline.
- USPTO’s rule calling for any law firm that files trademark applications to provide a U.S. “domicile” address didn’t violate APA.