Commercial Courtwatch | Week of 2/22/23

Chronicling business litigation from the Federal Courts of Appeals and Delaware

Arbitration | Tenth Circuit holds effective vindication exception nixed applicability of arbitration provision in ERISA plan documents. 

Arbitration | Second Circuit unsure if FAA exemption applies to transportation workers or transportation industry.

Arbitration | Functus officio doctrine doesn't prevent district court from remanding case to arbitrator to issue a "reasoned" award. See Second Circuit. 

Bankruptcy | No Texas Two Step for J&J, because bankruptcy court is for companies in financial distress. See Third Circuit. 

Corporate Law | No chancery court jurisdiction over dispute about parties’s right to appoint arbitrator. 

Corporate Law | Caremark analysis applies to D&Os, and corporate officer breached duty of loyalty by sexually harassing an employee, Del. Chancery holds. 

Corporate Law | A conflicted acquirer underpays if merger price doesn’t account for acquirer’s breach of fiduciary duty, per Del. Chancery. 

Venue | District court should reassess forum non conveniens analysis now that civil defendants are also criminal defendants in the district.  See First Circuit. 

Patents | Court erred in claim construction by relying on dictionary meaning of “enlarged chamber” instead of meaning understood by a skilled artisan.  See Federal Circuit. 

Patents | Jury verdict set aside under prosecution laches due to "institutionalized abuse" of the patent system, per Federal Circuit.  

Patents | Low-data video streaming patent invalid under 101, per Federal Circuit.