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High Court Distributes Clemente Trademark Dispute For October Conference

WASHINGTON, D.C. — The U.S. Supreme Court on Sept. 16 distributed for conference a challenge from the family of baseball player Roberto Clemente to a partly divided First Circuit U.S. Court of Appeals panel opinion that largely affirmed a Puerto Rico federal judge’s decision to dismiss a suit against Puerto Rican government entities by Clemente’s sons; while the family questions the extent to which the government entities are immune from trademark infringement suits, the government entities said in an August response that the bid for certiorari should be denied.

Extracontractual Claims Cannot Proceed Against Auto, Property Insurers, Judge Says

DENVER — Statutory and common-law bad faith claims against a property insurer and an auto insurer must be dismissed because no reasonable jury could determine that the insurers unreasonably delayed the adjustment of the insureds’ claim or unreasonably delayed payment of the claims, a Colorado federal judge said in granting the insurers’ joint motion for partial summary judgment.

8th Circuit Reverses Ruling On COVID-Related Speech, Says Physician Has Standing

ST. LOUIS — Reversing a lower court’s dismissal of a physician’s suit alleging federal and state constitutional violations against the Minnesota Board of Medical Practice and related officials regarding their investigations of complaints against him, which he alleged caused economic injuries and chilled his speech, the Eighth Circuit U.S. Court of Appeals found that the physician has standing to seek damages and prospective relief, including his opposition to COVID-19 vaccine mandates and business closures.

Judge: LTD Claimant With Tinnitus Didn’t Prove He Was Disabled

OAKLAND, Calif. — After upholding denial of the long-term disability (LTD) the claim of an account executive who argued that conditions including tinnitus and anxiety rendered him disabled, a California federal judge entered judgment against the claimant on Sept. 16; reviewing the denial de novo, the judge said in part that it rested on the claimant’s “failure to demonstrate that the diagnoses resulted in a disability that prevented him from working in his Own Occupation.”

Panel Affirms Take-Nothing Judgment In Coverage Dispute Arising From Sexual Assault

PASADENA, Calif.— The Ninth Circuit U.S. Court of Appeals affirmed a lower federal court’s grant of summary judgment in favor of an insurer in an insured’s breach of contract, bad faith, unfair competition and declaratory relief lawsuit, holding that the insurer has no duty to defend against an underlying negligence lawsuit arising from sexual assault and harassment because it was brought after the policy’s coverage and extended reporting periods expired.

Renuvion Injury Case Dismissed With Leave To Amend; Preemption Argument Fails

SAN FRANCISCO — A California federal judge rejected a manufacturer’s argument that federal law preempts claims that its product, used in skin resurfacing and body contouring procedures, caused a woman severe burns and scarring but dismissed the claims with leave to amend because the woman failed to sufficiently allege a product defect.

Federal Judge: Stay-At-Home Order Discharged Promise Of In-Person Education

PHILADELPHIA — Any promise a Pennsylvania university made for in-person education was discharged in March 2020 when the state’s governor issued an executive order temporarily closing schools in the state due to the coronavirus pandemic, a federal judge in Pennsylvania ruled, granting summary judgment to Villanova University in a student’s putative class action seeking damages for breach of contract and unjust enrichment.

Federal Circuit Reverses Dismissal Of IP Suit, Finding Texas A&M Unnecessary Party

WASHINGTON, D.C. — Finding that a coding technology company still held a valid exclusive license to a series of patents and copyrights when it shifted its business to enforcement of intellectual property, a Federal Circuit U.S. Court of Appeals panel reversed a Delaware federal court’s dismissal of the company’s suit against Broadcom Inc. and other defendant-appellees because the university that owned the intellectual property was not an otherwise necessary party and because the plaintiff-appellant’s license was not terminated as a result of the shift in business.

High Court Leaves Injunction Against Mail-In Ballot Rule In Place For Midterms

WASHINGTON, D.C. — The U.S. Supreme Court in a split decision late Sept. 14 denied the government’s application to stay a Massachusetts federal judge’s injunction barring mandatory enforcement of the U.S. Postal Service’s (USPS) mail-in ballot rule for elections occurring on or before the Nov. 3 midterm elections pending appeal, blocking the government’s attempt to restore requirements that states submit voter-linked information through a federal portal for ballot verification that the government said was necessary for election integrity but drew privacy challenges over disclosure of confidential voter data, among other issues.

Apple Urges High Court To Vacate Contempt Ruling In Apple, Epic Antitrust Row

WASHINGTON, D.C. — In its petitioner’s brief filed Sept. 14 in the U.S. Supreme Court, Apple Inc. urges the court to reverse a Ninth Circuit U.S. Court of Appeals’ ruling upholding a district court’s contempt finding against Apple over anticompetitive practices on its App Store in an antitrust dispute with Epic Games Inc., arguing that the Ninth Circuit erred in affirming contempt based on an injunction’s “spirit” rather than its text.

Majority: Insured Forfeited Argument That ‘Reality Show’ Exclusion Is Ambiguous

NEW ORLEANS — A majority of a Fifth Circuit U.S. Court of Appeals panel held Sept. 14 that a television production company insured forfeited its argument that an insurance policy’s “reality show” exclusion is ambiguous and, therefore, must be construed in its favor, affirming a lower federal court’s summary judgment ruling in favor of the insurer in a coverage dispute arising from underlying injury claims brought against the insured by participants of the reality television show “My 600-lb Life.”

LATEST NEWS

Judge Again Dismisses FTCA Case Involving NASA Asbestos Exposures
Surgical Practice Answers Cross-Claims In Fraud Suit Alleging Staged Accidents
High Court Distributes Clemente Trademark Dispute For October Conference
High Court Urged To Hold EAJA Fees Allowed In Immigration Habeas Cases
Extracontractual Claims Cannot Proceed Against Auto, Property Insurers, Judge Says
Amici Debate If Mark’s Strength Is Question Of Law Or Fact Before High Court
Judge: IPR Finding Bars Comcast From Raising Inequitable Conduct Argument
Company Doesn’t Oppose Confirming $7.7M Award, But Contests Attorney Fees
Guaranty Association Seeks Stay Of Discovery In Wind Damage Dispute With Homeowner
Default Final Judgment Entered Against Rehabs, Owners In GEICO PIP Fraud Suit
Judge Confirms $3.6M Award Against Italian Company In Titanium Dispute
8th Circuit Reverses Ruling On COVID-Related Speech, Says Physician Has Standing
Judge: LTD Claimant With Tinnitus Didn’t Prove He Was Disabled
Woman Says Wegovy Caused Permanent Vision Loss, Sues Novo Nordisk In NAION MDL
Judge Signs Off On Stipulated Dismissal Of Insulin Pump Wrongful Death Case
Iowa Federal Judge Excludes Expert’s Testimony In Teacher’s Racial Harassment Suit
Third-Party Bad Faith Claim Against Auto Insurer Fails, Florida Federal Judge Says
LTD Claimant With Parkinson’s Deemed Entitled To Reinstatement
Insured Failed To Show Auto Insurer Breached Duty To Investigate Claim, Judge Says
Panel: Insurers Have No Duty To Indemnify Insured In Wrongful Death Suit
Consumers Denied Class Certification In Ford Transmission Case
Remaining Class Claims Voluntarily Dismissed In Case Over Gender Transition Ban
IRS Says It Acted Within Its Authority To Promulgate Captive Regulations
Mass Tort Cases For Drugs, Medical Devices
Pfizer, GBT Agree To Pay Up To $750,000 To Settle Oxbryta Economic Loss Claims
Objections To Continuing Student-Athletes’ NIL Injunctive Relief Pact Denied
Judge Limits Scope Of Bard’s Expert’s Testimony In Port Catheter MDL
Judge Won’t Dismiss Village’s Lawsuit Against Companies For PFAS In Drinking Water
Panel Affirms Take-Nothing Judgment In Coverage Dispute Arising From Sexual Assault
EPA Appeals Federal Injunction Order Restoring California Emissions Waivers