Commercial Courtwatch | Week of 11/23/22

Chronicling business litigation from the Federal Courts of Appeals and Delaware

Venue | District court not have to transfer venue if it doesn't want to, and it doesn't matter if not transferring would make the case time-barred. Fifth Circuit. 

Immunity | Military equipment sales from US to South Korea not "commercial activity" under FSIA exception to sovereign immunity. Fourth Circuit. 

Jurisdiction | No Art III standing because at oral argument judge came up with hypothetical where plaintiffs wouldn't incur damages. Fifth Circuit. 

Jurisdiction | Can't consolidate two cases if court lacks subject-matter jurisdiction over one of them, even if find out after trial.... Fourth Circuit. 

Human Remains | Human remains are "cargo" under Montreal Convention, preempting civil suit. Who knew. Second Circuit. 

Energy | Gotta present RFRA challenge to gas pipeline to FERC first. Third Circuit. 

Insurance | Insured didn't bargain for but-for causation standard re police term of "because of.” Ninth Circuit.