Copyright | Copyright infringement case can proceed in Utah against Chinese company because company consented to jurisdiction in any district where Amazon “may be found.”  Tenth Circuit.

Discovery | Irreparable harm based on compelled production of donor information warrants stay of district court order pending appeal.  Fifth Circuit.

Contract | Modification of bilateral contract not valid because modification wasn’t supported by contract formation principles.  Ninth Circuit.

Contract | MA interest in enforcing non-compete agreements outweighed CA’s interest in enforcing its public policy against them re employer in California.  First Circuit.

Antitrust | Dismissal of § 2 claim reversed for judge’s failure to consider anticompetitive effect of defendant’s otherwise lawful actions as a whole.  Fourth Circuit.

Copyright | District court imposed too high a burden when instructing the jury that a “causal relationship between the defendant's infringement and the defendant's revenues” were required for copyright infringement damages.  First Circuit.

Antitrust | Dismissal of § 2 claim reversed for judge’s failure to consider anticompetitive effect of defendant’s otherwise lawful actions as a whole.  Fourth Circuit.

Copyright | District court imposed too high a burden when instructing the jury that a “causal relationship between the defendant's infringement and the defendant's revenues” were required for copyright infringement damages.  First Circuit.

APA | Statute of limitations for APA claims begins running from the date of plaintiff’s injury, not from the date of agency action (and interesting concurrence on the vacature vs. injunction remedy). Corner Post v. Board of Governors. 

APA | Chevron is overruled. Loper Bright v. Raimondo. 

Antitrust | Plaintiff must plead/prove that antitrust exemption for union activity not apply. Second Circuit.

Arbitration | District court lacked power to compel Samsung to arbitrate consumers’ privacy claims after Samsung’s refusal to pay AAA’s fees.  Seventh Circuit. 

Appellate | Interlocutory appeal of stay in PG&E securities litigation appropriate because district court’s sua spent stay both “lengthy and indefinite.”  Ninth Circuit. 

Arbitration | FAA not give federal courts jurisdiction to adjudicate petition to vacate arbitration award—need independent basis like diversity or federal question, but “a claim of manifest disregard of federal law doesn’t present a federal question.”  Fourth Circuit. 

Insurance | No coverage for industrial service company for $222M verdict because company didn’t step into shoes of other subcontractor after its parent acquired previous subcontractor, Tenth Circuit hold. 

Class Actions | Approval of Mercedes-Benz paint defect class action not abuse of discretion even though 80% of class not receive any benefit because the district court’s review process sound, per Eleventh Circuit. 

Corporate—An acquisition involving Jay-Z’s music streaming company may be “terrible business decision” and “by all accounts, a terrible deal,” but that doesn’t mean the board faced substantial liability  for approving it, so demand futility not apply.  Chancery dismissed case. DE Supreme Court affirmed. 

False Claims Act—Service of process clock under FRCP 4(m) only begins to run once the district court orders service of the unsealed complaint, per Second Circuit. 

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.

Patent | Discovery order maintaining attorney eyes only designation on source code not reviewable collateral order.  Federal Circuit. 

Trial | District court not abuse discretion in excluding infringement theory that was disclosed four months before trial.  Federal Circuit. 

ERISA | In ERISA denial-of-benefits cases, factual disputes over administrative record should be resolved via Rule 52 bench trial, not quasi summary judgment proceeding employed by other circuits on the briefs. Fourth Circuit.  

FCA | Whistleblower going outside chain of command to document FCA violations triggered expanded retaliation protection in 2010 FCA amendments as "other efforts.”  Third Circuit. 

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. 

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.