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Insured’s Hurricane Zeta Lawsuit Is Untimely Under SFIP, 5th Circuit Affirms

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 16 affirmed a lower federal court’s “carefully crafted opinion” that dismissed with prejudice an insured’s breach of contract lawsuit seeking coverage for its Hurricane Zeta damage, agreeing with the lower court that the insured’s action is time-barred by the one-year statute of limitations pursuant to its Standard Flood Insurance Policy (SFIP).

6th Circuit Mandate Denies Rehearing Of Ruling In Drinking Water Immunity Case

CINCINNATI — The Sixth Circuit U.S. Court of Appeals has issued a mandate affirming its decision to reverse a ruling by a federal judge that denied qualified immunity to two defendants in one of three lead-contaminated water lawsuits being litigated in Michigan federal court by residents against Benton Harbor, Mich.  The Sixth Circuit, which reached a split decision, issued the mandate after it denied a petition for rehearing sought by Benton Harbor city officials.

Federal Circuit Vacates Noninfringement Finding In Semiconductor Patent Row

WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Oct. 16 vacated a California federal judge’s finding of noninfringement in a patent dispute over a type of semiconductor light source, holding that the order was based on an improper term construction.

11th Circuit Affirms $7M Award In Guatemalan Hydroelectric Dam Dispute

ATLANTA — The 11th Circuit U.S. Court of Appeals on Oct. 16 affirmed an International Chamber of Commerce award worth more than $7 million in a Guatemalan hydroelectric dam dispute, rejecting arguments by the award-debtor that the tribunal exceeded its authority by ordering it to maintain existing bonds or purchase new ones and by rejecting its argument that the other party engaged in bribery.

11th Circuit Affirms Judgment For Repair Shop In GEICO Repair Act Fraud Suit

ATLANTA — After the Florida Supreme Court answered in the negative questions regarding whether violations under the Florida Motor Vehicle Repair Act, including failure to provide a written estimate, preclude a repair shop from receiving payment from an insurance company, the 11th Circuit U.S. Court of Appeals affirmed a district court’s judgment dismissing a claim and granting summary judgment to the repair shop on the remaining claims, partially due to GEICO’s concession that the complaint fails upon a judicial determination that “alleged Repair Act violations do not void the repair invoice.”

2nd Circuit Finds NBA Website User Is A Consumer And May Proceed With VPPA Suit

NEW YORK — Reversing a trial court’s dismissal of a putative class action against the National Basketball Association (NBA) under the Video Privacy Protection Act (VPPA), a Second Circuit U.S. Court of Appeals panel concluded that the lead plaintiff qualifies as a consumer under the statute and that he has standing to sue for the NBA’s purported sharing of his personal viewing information (PVI) related to videos he watched on the NBA’s website.

U.S. Supreme Court: Stay Of Coal-Fired Power Plant Emissions Rule Not Necessary

WASHINGTON, D.C — The U.S. Supreme Court on Oct. 16 denied an emergency application filed by 25 states for an immediate stay of a rule that would impose new emissions standards on coal-fired power plants under the authority of the Clean Air Act (CAA), finding that the implementation of the rule won’t likely occur until after a decision by the District of Columbia Circuit U.S. Court of Appeals is rendered.

High Court Hears Clean Water Act Arguments On Specific Limits, Generic Prohibitions

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 16 heard oral arguments on a dispute over San Francisco’s National Pollutant Discharge Elimination System (NPDES) sewer system permit in an appeal by the city asking the justices to decide whether the Clean Water Act (CWA) permits the Environmental Protection Agency or authorized states to impose general prohibitions rather than specific limits when it comes to water quality standards and permitted discharge.

Connecticut Jury Hits J&J Entities With $15 Million Talc Verdict

BRIDGEPORT, Conn. — A jury in Connecticut on Oct. 15 awarded a man and his wife $15 million in their asbestos-talc suit against Johnson & Johnson (J&J) and various related entities and triggered a punitive damages phase that by state law will be decided by the judge in the future, sources told Mealey Publications.

Citing Loper Bright, Amici Urge High Court To Uphold Reversal Of FDA’s E-Cig Bans

WASHINGTON, D.C. — E-cigarette makers, politicians, industry associations and economics groups filed eight amicus curiae briefs on Oct. 15 urging the U.S. Supreme Court to uphold the en banc Fifth Circuit U.S. Court of Appeals’ reversal of Food and Drug Administration bans of certain flavored e-cigarette products as arbitrary and capricious, with several amici arguing that the FDA’s bans conflict with Loper Bright Enterprises v. Raimondo.

Georgia Supreme Court: No Attorney-Client Privilege In Jail Phone Calls

ATLANTA — A Georgia Supreme Court majority on Oct. 15 ruled that jailhouse phone calls between an arrestee and his counsel did not include legal advice and, therefore, were not protected by the attorney-client privilege.

LATEST NEWS

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Texas Appeals Court: Pool Company Waived Arbitration By Engaging In Court Process
Illinois High Court Upholds Attorney Fee Award For Work On Liquidating Estates
Federal Judge Dismisses Philadelphia Eagles’ COVID-19 Suit Against Insurer
Consumers Amends Claims Against Baby Bottle Maker For Undisclosed Microplastics
EU Investors Say D.C. Circuit Properly Found Jurisdiction Over Spain
Insured’s Hurricane Zeta Lawsuit Is Untimely Under SFIP, 5th Circuit Affirms
6th Circuit Mandate Denies Rehearing Of Ruling In Drinking Water Immunity Case
Federal Circuit Vacates Noninfringement Finding In Semiconductor Patent Row
U.S. High Court Won’t Review Dismissal Of Gig Workers’ Suit Over Calif. Status Law
11th Circuit Affirms $7M Award In Guatemalan Hydroelectric Dam Dispute
Babylon Bee Wants AI-Election-Regulation Suit Reassigned After Injunction
11th Circuit Affirms Judgment For Repair Shop In GEICO Repair Act Fraud Suit
2nd Circuit Finds NBA Website User Is A Consumer And May Proceed With VPPA Suit
Counsel Seeks Final Approval Of $316.5M PFAS Deal Between Water Providers And BASF
U.S. Supreme Court: Stay Of Coal-Fired Power Plant Emissions Rule Not Necessary
1st Circuit Won’t Reconsider Order Of New Trial In Copyright Case
Third Party Failed To Obtain Judgment Against Insured As Required By Ohio Law
Amicus Bid In 11th Circuit ERISA Effective Vindication Case Draws Opposition
Judge Says Cuban Company’s Counterclaim In Rum Mark Row Barred By Statute
Mass Tort Cases For Drugs, Medical Devices
FiberCel Maker Wins Bid To Dismiss Breach Of Warranty Claims In Injury Case
High Court Denies Petition Filed By Executives Convicted Of Off-Label Marketing
Panel Issues Split Ruling In Tire Trade Dress Suit On Discovery, Daubert, Privilege
High Court Hears Clean Water Act Arguments On Specific Limits, Generic Prohibitions
Hormel Settles Pork Direct Purchasers’ Price-Fixing Claims For More Than $4.8M
Novartis To Appeal FDA’s Summary Judgment Award In Generic Drug Approval Case
Connecticut Jury Hits J&J Entities With $15 Million Talc Verdict