Dealertrack — Seven months and counting

The pending appeal of the Dealertrack v. Huber case reflects just how long an appeal can take when an area of the law is unsettled.  Back in October of 2009, the court granted the parties’ joint motion to stay proceedings until the Bilski case was decided by the Supreme Court. [Link]  As you may recall, that decision was not issued until very late in June of 2010.  The briefing of the Dealertrack case ultimately renewed in 2010 and the oral argument was held on May 5, 2011.  All the other cases argued that day have long since been decided; but, the Dealertrack decision has yet to be published.  One can speculate why the opinion is taking so long or is on hold; but, the delay certainly highlights how this unsettled area of the law (compare RCT v. Microsoft with CyberSource v. Retail Decisions) is still a drag on industry.

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