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$299,000 Class Deal Wins Final OK In ERISA Row Over Plan’s Tobacco Surcharge

CHICAGO — Resolving an Employee Retirement Income Security Act suit over annual $1,152 surcharges imposed on about 431 health plan participants who use tobacco, an Illinois federal judge on Aug. 12 gave final approval to a $299,000 class settlement and made awards in the amounts requested, including $99,666.67 for attorney fees and a $5,000 case contribution award.

After Bench Trial, Judge Gives Plan Sponsor Win In ERISA Imprudence Row

WINSTON-SALEM, N.C. — Following a four-day Employee Retirement Income Security Act bench trial in a suit over a retirement plan’s recordkeeping fees and share classes, a North Carolina federal judge on Aug. 12 found not only that the class of more than 55,000 participants didn’t establish any breach of the plan sponsor’s fiduciary duty of prudence but also that the sponsor’s process was prudent.

Amazon’s Human Factors Expert Out In FTC Suit Over Prime Membership Enrollment

SEATTLE — A Washington federal judge agreed with the Federal Trade Commission that testimony from an expert retained by Amazon.com Inc. to opine on the company’s user interfaces in a suit accusing Amazon and its officers of tricking customers into enrolling in the Amazon Prime service is inadmissible under Federal Rule of Evidence 702.

9-Year Delay In Asbestos Case Warranted Dismissal, Court Affirms

JACKSON, Miss. — A nine-year period where a plaintiff litigated asbestos bankruptcy issues in a separate court but took no substantive steps in her tort litigation in Mississippi warranted a trial court’s dismissal of the action in its entirety for lack of prosecution, the Mississippi Court of Appeals said Aug. 12 in affirming.

Insurers’ Coverage Duties Not Triggered For Earplug Liability MDL, Majority Affirms

WILMINGTON, Del. — A majority of the Delaware Supreme Court on Aug. 12 affirmed a lower court’s summary judgment ruling in favor of liability insurers in a coverage dispute arising from an underlying earplug product liability multidistrict litigation that resulted in a $6 billion settlement and millions of dollars of defense costs, agreeing with the lower court that the insurers’ coverage obligations were not triggered because payments made by the insured’s corporate parent did not satisfy the self-insured retention because the corporate parent was not a “named insured.”

Split D.C. Circuit Vacates Contempt Ruling In Immigrant Removal Case

WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel dismissed an appeal by the federal government for lack of appellate jurisdiction and vacated a trial court’s ruling that probable cause exists to determine that the federal government’s actions in an immigrant removal class case constitute criminal contempt, opining that the government “satisfied the stringent requirements for a writ of mandamus.”

‘Space Force’ Mark Applicant Takes Rejection To High Court, Citing Loper

WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals inappropriately deferred to the interpretation used by the U.S. Trademark Trial and Appeal Board (TTAB) of a section of the Lanham Act when affirming the TTAB’s rejection of an attorney’s application for a mark on US SPACE FORCE filed only days after President Donald J. Trump’s first proposals regarding the branch, the attorney told the U.S. Supreme Court in a petition for a writ of certiorari.

Shutdown Orders Caused Insured’s Losses, Not Pandemic, Minnesota Panel Says, Reverses

ST. PAUL, Minn. — A Minnesota appeals panel on Aug. 11 reversed a lower court’s summary judgment ruling in favor of a commercial property insurer in an insured’s coverage dispute arising from the COVID-19 pandemic, ruling that the governmental orders that shut down 150 of the insured’s health and fitness clubs in response to the pandemic are the causes of the insured’s losses for purposes of determining the number of occurrences subject to the policy’s “Interruption By Communicable Disease” coverage limit.

Federal Circuit Revives Dumbbell Patent Row, Reversing Invalidity

WASHINGTON, D.C. — A panel in the Federal Circuit U.S. Court of Appeals held Aug. 11 that a federal judge in Utah was wrong to find that a patent was directed to an abstract idea, conflating a “rather simple mechanical invention” for stacking dumbbells with the kind of computerized automation that is often unpatentable as abstract.

Federal Circuit Affirms PTAB’s Invalidation Of Bone Plate Patent Claims

WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) correctly invalidated all challenged claims in two related inter partes review (IPR) proceedings, a panel in the Federal Circuit U.S. Court of Appeals held, affirming PTAB’s finding that the claims in the patents relate to bone plates for certain types of foot surgery.

Judge Won’t Stay AI Case While Anthropic Appeals Class Cert, Fair Use Rulings

SAN FRANCISCO — Any appeal by Anthropic PBC of a ruling rejecting fair use defenses for pirating copyrighted works or granting class certification should involve a full record, and to the extent going to trial financially threatens the artificial intelligence company, that reality would be the outcome of its own conduct, a federal judge in California said Aug. 11 in declining to stay the case pending appeal.

LATEST NEWS

Preliminary Approval Of Class Settlement, Certification Granted In RESPA Suit
Judge Confirms $1.2M Arbitral Award For Electronics Purchase Dispute
$299,000 Class Deal Wins Final OK In ERISA Row Over Plan’s Tobacco Surcharge
After Bench Trial, Judge Gives Plan Sponsor Win In ERISA Imprudence Row
Extracontractual, Breach Of Contract Claims Barred By Statute Of Limitations
8th Circuit Finds District Court Did Not Fully Consider Jurisdiction Arguments
Amazon’s Human Factors Expert Out In FTC Suit Over Prime Membership Enrollment
Spain Loses Bids To Dismiss 2 ICSID Award Petitions
E-Cig Maker To High Court: Federal Circuit Gets Patent Damages Wrong
9-Year Delay In Asbestos Case Warranted Dismissal, Court Affirms
Recognition Doctrine Decision Spurs Supplemental Briefs In Oil Seizure Row
Insurers’ Coverage Duties Not Triggered For Earplug Liability MDL, Majority Affirms
Contractor Appeals No Coverage Ruling For Negligence Suit Over House Cleaner’s Death
Judge Finds Women’s Claims On Defective Birth Control Device Are Preempted
Split D.C. Circuit Vacates Contempt Ruling In Immigrant Removal Case
Texas Panel: Insurer Has Justiciable Interest In Homeowner’s Storm Damage Suit
Couple Tells Supreme Court That Ruling In Heavy Metal Baby Food Case Should Stand
Judge Trims Fees, Service Awards In $7.15M Class Settlement Of ERISA Case
Judge Won’t Clarify How Opinion Came To Include Errors
Split 3rd Circuit: Plumber’s Termination Of Union Workers Did Not Repudiate CBA
‘Space Force’ Mark Applicant Takes Rejection To High Court, Citing Loper
Judge: North Carolina Attorney General May Sue DuPont For PFAS Contamination
Attorney Who Lost Husband Won’t Be Sanctioned For AI Errors
Freedom Foundation Seeks High Court Review Of California Post-Janus Law
App Developers Accuse Apple Of Monopolizing App Sales Market
Depo-Provera MDL Judge Rejects Bid To Modify Common Benefits Guidelines
Government Says Camp Lejeune Vapor Intrusion Evidence Should Be Barred
Shutdown Orders Caused Insured’s Losses, Not Pandemic, Minnesota Panel Says, Reverses
Federal Circuit Revives Dumbbell Patent Row, Reversing Invalidity
Lab’s Motion To Reconsider Partial Dismissal Of COVID Test Repayment Claims Denied