8th Circuit Certifies Question In Insurer’s Strict Liability Suit Against Amazon
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on April 27 determined that the Minnesota Supreme Court should determine the novel legal issue of “whether, under Minnesota law, Amazon is strictly liable for a defective product it offered, stored, and shipped, even though someone else was the seller,” noting that the Minnesota high court “has not decided a significant chain-of-commerce strict-liability case involving a retailer since pre-internet times” and that the panel “would be wading into murky waters” if it tried to guess what the Minnesota high court would decide.
9th Circuit Reverses Lower Court’s Aggregate Limit Ruling In Contamination Suit
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals reversed a district court’s ruling in a dispute over coverage for environmental contamination remediation costs after determining that an annual aggregate limit provision in an umbrella liability insurer’s policies is ambiguous and must be construed in favor of coverage for the insured.
3rd Circuit Rehears Talc Debtor Chapter 11 Dismissal Rejection But Still Affirms
PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on April 27 granted a rehearing petition filed by asbestos claimants and amended its opinion affirming a New Jersey federal bankruptcy judge’s denial of a bid by the claimants to dismiss the Chapter 11 case of defunct talc supplier Whittaker, Clark & Daniels Inc., though the outcome of the Official Committee of Talc Claimants’ appeal remains the same: the dismissal denial is affirmed.
6th Circuit Majority: Claims Against Insurer Cannot Proceed On Classwide Basis
CINCINNATI — Following rehearing en banc, a Sixth Circuit U.S. Court of Appeals majority reversed a district court’s class certification order in an insured’s breach of contract and bad faith suit after determining that the insured cannot pursue claims on a classwide basis against an auto insurer for allegedly undervaluing insured vehicles deemed a total loss by the insurer because individual questions exist regarding the value of each class member’s auto damaged in an auto accident.
$14M Settlement For 2024 Soccer Match Ticketholders Granted Final Approval
MIAMI — Ticketholders for a 2024 soccer match have reached a class settlement of up to $14 million to end claims that some of them were denied entry and others were denied access to their seats after thousands of fans without tickets rushed the Florida stadium; final approval of the agreement was issued by a federal judge in Florida.
High Court Hears Arguments About Whether FIFRA Preempts Claims Over Roundup Label
WASHINGTON, D.C. — Attorneys presented oral arguments before the U.S. Supreme Court on April 27 debating the question of whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts label-based state failure-to-warn claims in situations where the U.S. Environmental Protection Agency has not required a warning. The question arose in litigation related the herbicide Roundup.
High Court Hears 2-Hour Oral Argument In Geofence Warrant Case
WASHINGTON, D.C. — For two hours on April 27, the U.S. Supreme Court heard oral argument in a lawsuit over whether a geofence warrant that enabled police to obtain cell phone location evidence from a technology provider violated the Fourth Amendment of the U.S. Constitution, with both sides stressing the breadth of the issues the high court could address in the case.
United States Says Landowner’s Wetlands CWA Case Flawed, High Court Review Premature
WASHINGTON, D.C. — The U.S. Supreme Court should deny a petition for a writ of certiorari filed by a Connecticut farmland owner seeking review of an order that held him liable for remediation of his property after he violated the Clean Water Act (CWA) by filling in wetlands without a permit because the case is procedurally flawed and a premature vehicle for deciding any broad questions regarding the CWA, the United States says in an April 24 response.
2nd Circuit: Judge Wrongly Found Fair Use Of Michael Jordan Video
NEW YORK — A New York federal judge incorrectly determined at the pleading stage that a hip-hop news outlet’s reproduction of a video of basketball player Michael Jordan breaking up a fight constituted fair use, a Second Circuit U.S. Court of Appeals panel held, finding that the news outlet “potentially provided consumers with a substitute work that obviated the need to seek out (and pay for) the video” shot by a plaintiff-appellant videographer.
State Judge: Damages Awards Stayed In Roundup Case Pending Supreme Court Decision
JEFFERSON CITY, Mo. — A state court judge in Missouri on April 26 issued an order stating that judgments for punitive damages and for damages based on a failure-to-warn claim in consolidated litigation over injuries allegedly caused by exposure to the herbicide Roundup are not yet final, and recovery of the awards is stayed in light of a pending petition in the U.S. Supreme Court that challenges the ruling that led to a combined $549.9 million punitive damages award.
D.C. Circuit Expedites E-Liquid Maker’s Bid For Review Of FDA Ban
WASHINGTON, D.C. — The D.C. Circuit U.S. Court of Appeals on April 24 ordered an expedited briefing schedule of a California-based e-liquid manufacturer’s petition for review of a Food and Drug Administration ban of its products, which the court previously declined to stay and which the company claims will hurt its business and cause it irreparable harm.