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Commercial Law

[10/01] In re Heritage Bond Litig.
In a challenge to the scope of bar orders issued in securities class action settlements, bar orders forbidding all suits by non-settling defendant against settling defendants relating to or arising out of the class action are vacated as overly broad and remanded for modification because bar orders issued pursuant to Private Securities Litigation Reform Act section 4(f)(7)(A) or California Code of Civil Procedure section 877.6 can only bar claims for contribution, indemnity, and claims where the injury is the non-settling defendant's liability to the class action plaintiffs.

[09/30] Golden Gate Rest. Ass'n v. City and County of San Francisco
In a challenge to municipally mandated employer health care spending requirements, summary judgment for plaintiff is reversed and the case remanded with instruction to enter summary judgment for defendant where the spending requirements are not preempted by ERISA because: 1) the spending requirements do not create an ERISA "plan" as defined by 29 U.S.C. section 1002(1); and 2) the spending requirements do not have an impermissible connection with employers' ERISA plans, or make impermissible reference to such plans.

[09/25] US v. Able Time, Inc.
In an suit involving allegedly counterfeit watches seized by Customs and the resulting civil penalties imposed, grant of summary judgment for defendant is reversed and remanded where: 1) the Tariff Act does not contain an identity of goods or services requirement; and 2) as a matter of law, goods imported by defendant could not be "merchandise bearing a counterfeit mark" under 19 U.S.C. section 1526(e) because the owner of the trademark in question did not at the time make the type of goods imported by defendant.

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