Commercial Courtwatch | Week of 12/15/22

Chronicling business litigation from the Federal Courts of Appeals and Delaware

Jurisdiction | Attorney sanctions upheld because of "a veritable tsunami of decisions finding no Article III standing.” Tenth Circuit. 

Contracts | Email exchange didn't form valid contract because it lacked "essential term," and denial of motion to amend not error. Eighth Circuit. 

Civil Procedure | Failure to update process server information nixed 60(b) arguments to set aside default judgment. Eighth Circuit. 

Class Actions | Uber settlement not "coupon settlement" subject to CAFA attorney fee restrictions. Ninth Circuit. 

False Advertising | "Flora-Bama Lodge" and MTV's Floribama not sufficiently confusing under Lanham Act. Eleventh Circuit. 

Energy | FERC must show its work. DC Circuit. 

Arbitration | No jurisdiction to confirm/vacate arbitral award under FAA Section 9 based on look through rule, even if underlying dispute is ERISA federal question issue. Eighth Circuit. 

Patents | Error for expert to rely on ordinary meaning of limitation even if it's consistent with meaning the parties agreed to. Federal Circuit.