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ABA Section of Litigation
Commercial & Business Litigation
 

Our committee focuses on issues facing litigators with broad commercial practices, including substantive areas such as bankruptcy, creditors rights, professional liability, and trade secret law, and procedural matters such as e-discovery, privilege, ADR, and international litigation.



 

Recent Updates
Great Clips, Inc. v. Hair Cuttery of Greater Boston, LLC, et al. No. 09-1376 (1st Cir. Jan. 5, 2010)

In Great Clip, Inc. v. Hair Cuttery of Greater Boston, LLC, et al., the First Circuit affirmed a broad interpretation that the United States District Court for the District of Massachusetts had afforded a 20-year old settlement agreement entered in connection with proceedings before the Trademark Trial and Appeal Board (TTAB) of the United States Patent Office.


Nemet Chevrolet, LTD v. Consumeraffairs.com, Inc., No. 08-2097 (4th Cir. Dec 29, 2009)

In Nemet Chevrolet, the Fourth Circuit affirmed the Eastern District of Virginia’s dismissal of a car dealership’s defamation and tortious interference with business expectancy claims against a website operator.


Krenkel v. Kerzner International Hotels Ltd. and Kerzner International Bahamas Ltd. 579 F.3d 1279 (11th Cir. 2009)

When checking into the defendant’s Atlantis Hotel in the Bahamas in May 2007, plaintiff Debbie Krenkel and her husband executed an acknowledgement, agreement, and release, which contained a forum selection clause designating the Supreme Court of the Bahamas as the exclusive venue for any claims arising from events that occurred during their stay.


Attorneys Who Mishandle Their Clients’ Proofs of Claim Leave Themselves Open to Significant Blame

Creditors’ attorneys, faced with a multitude of proof of claim (POC) filings, sometimes dispense with the requirements of properly filing a POC.


An Overview of Landlord Rights Against Tenants in Bankruptcy

The number of individuals and businesses filing for bankruptcy continues to grow at a staggering rate.


Commercial & Business Litigation Newsletter: Fall 2009

The Fall 2009 edition of the Commercial & Business Litigation newsletter is now available.


Applied Medical Distrib. Corp. v. The Surgical Company BV, __ F.3d ___, 2009 WL 3818836 (Nov. 17, 2009)

The Ninth Circuit reversed a district court order denying injunctive relief that would have prevented the defendant from pursuing litigation against the plaintiff in Belgium.


In re Cohen, 586 F.3d 703 (Nov. 5, 2009)

The Ninth Circuit recently considered whether a district court has the authority to select lead counsel under the Private Securities Litigation Reform Act of 1995.


Awuah v. Coverall North America, Inc., No. 09-1284 (1st Cir. Oct. 27, 2009)

Recently, in Awuah v. Coverall North America, Inc., the First Circuit was asked to create a “trade secrets” exception to its general rule that it will not entertain interlocutory appeals of “discovery orders governing what information needs to be disclosed and to whom.”


Siracusano v. Matrixx Initiatives, Inc. 2009 WL 3448282, __ F.3d __ (Oct. 28, 2009)

In Siracusano, the Ninth Circuit reversed a district court’s dismissal of a securities fraud complaint for failing to state a claim under the Private Securities Litigation Reform Act.



Inside this Committee
 

Committee Leadership

Co-Chairs

Barbara Dawson

Phoenix, AZ


Bart Greenwald

Louisville, KY


Byron Mason

Indianapolis, IN


Web Editor

John R. Bielema

Atlanta, GA


Bradford S. Babbitt

Hartford, CT


Newsletter Editor

Angelo Stio

Princeton, NJ

 
 

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