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5th Circuit Rejects Jewish Man’s Racial Bias Suit Against Christian Franchise

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals issued a mandate on Oct. 21 of a majority’s judgment and opinion affirming a Texas federal judge’s grant of summary judgment to a faith-based auto repair business that franchises only to Christians in a racial discrimination lawsuit brought by a Jewish man who was denied a franchise, rejecting the man’s “novel argument” that “discrimination against Jews is ipso facto racial discrimination” under 42 U.S. Code Section 1981.

N.M. Judge Imposes Penalty Of $25B Against Meta For Violating Unfair Practices Act

SANTA FE, N.M. — After a jury decided on liability in a suit brought by the New Mexico attorney general against Meta Platforms Inc., a state court judge on Oct. 21 assessed a $25 billion penalty against Meta, which operates the social media platform Facebook, finding 43,899,720 willful violations of the New Mexico Unfair Practices Act by deceptive trade practices and five willful violations by unconscionable trade practices related to Facebook’s privacy setting that did not give users meaningful control over their data.

Insurer Relieved Of Duty To Defend, Indemnify Insureds In Lead Paint Injury Suit

CHICAGO — An insurer has no duty to defend or indemnify its insureds for an underlying lead paint bodily injury suit because the policies’ lead contamination exclusions clearly apply to relieve the insurer of any duty to defend or indemnify, an Illinois federal judge said in granting the insurer’s motion for judgment on the pleadings.

High Court Dismisses Hurricane Insurance Petition After Parties Resolve Dispute

WASHINGTON, D.C. — The U.S. Supreme Court dismissed a petition for a writ of certiorari pertaining to the arbitrability under Louisiana law of a claim made by the owner of a hotel in Louisiana for hurricane damages and bad faith against its domestic insurer after the parties filed a joint stipulation informing the court that the matter was “resolved by the parties,” leaving two other petitions for certiorari on the same topic pending.

Panel: Google Failed To Show Search-Result Merging Technology Was Unpatentable

WASHINGTON, D.C. — Google LLC failed to show that 23 claims of a patent related to technology designed to merge search results were unpatentable, a Federal Circuit U.S. Court of Appeals panel ruled, affirming a decision by the Patent Trial and Appeal Board (PTAB) and rejecting Google’s attempt to point to a patent application filed five weeks earlier as well as a three-week gap between when the last inventor signed his oath and the filing of the patent application.

$42.7M Deal Gets Final OK In ERISA Case That Is Part Of Forfeiture Wave

SEATTLE — A day after conducting a fairness hearing in a case that was among the many challenging a common use of forfeited nonvested matching retirement contributions, a Washington federal judge on Oct. 21 issued an order granting final approval of a settlement with an estimated value of $42,724,532 and approving the requested awards of $5,880,539 for attorney fees, $24,461 for litigation costs and $5,000 as a service award to the named plaintiff.

Ashley St. Clair Must Face X.AI’s Contract Claims Over Grok Images, Judge Says

WICHITA FALLS, Texas — A woman suing various Elon Musk companies after their Grok artificial intelligence platform allegedly created explicit images of her must face the companies’ breach of contract claims resulting from her decision to sue in New York rather than Texas as dictated by the terms of service, a federal judge in Texas said in denying her motion to dismiss on Oct. 20.

Divided ICSID Tribunal Awards Mining Investor $148M Against Peru

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Oct. 20 published a divided tribunal’s partly redacted award in which it awarded a Dutch mining investor $141.2 million in compensation and $7.6 million in attorney fees and legal expenses plus interest for harming its investment and refusing to waive penalties on tax and royalty assessments, thereby depriving it of dividends, with the claimant’s arbitrator dissenting in part on the grounds the investor should have been awarded more compensation.

Split Tribunal Finds No Jurisdiction Over Claims For Harm To Portuguese Bank Loan

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Oct. 20 published a split tribunal’s award dismissing for lack of jurisdiction a claim brought by three Mauritian investors against the Portuguese Republic for harming their investment in a bank loan after finding that the investors are pursuing contradictory claims in Portuguese courts, while the dissenting arbitrator said the award was procedurally improper.

Insurer Has Duty To Defend Negligent Supervision Claim, Minnesota Panel Affirms

ST. PAUL, Minn. — A Minnesota appeals court affirmed a lower court’s ruling that an insurer has a duty to defend its insured against an underlying negligent supervision claim arising from an altercation between two of the insured’s employees, concluding that it is at least arguable that the negligent supervision claim satisfied the insurance policy’s requirement that the bodily injury must both arise out of and be in the course of the employee’s employment with the insured.

Mass. Panel Won’t Disturb Rulings In Presumptive Total Disability Benefits Case

BOSTON — Resolving cross-appeals in a presumptive total disability insurance case where the claimant partly prevailed after a jury trial and a bench trial, the Massachusetts Appeals Court issued a summary decision declining to disturb any of the challenged rulings but concluding that the claimant was entitled to unspecified attorney fees and expenses in defending against the insurer’s appeal as to a state law claim.

LATEST NEWS

5th Circuit Rejects Jewish Man’s Racial Bias Suit Against Christian Franchise
N.M. Judge Imposes Penalty Of $25B Against Meta For Violating Unfair Practices Act
Artist, AI Company Settle ‘Running Away Balloon’ AI Copyright Dispute
Tribunal Clarifies Award’s Jurisdictional Finding In Peruvian Mining Row
Tribunal Sets Hearing On Argentina’s Request That U.K. Stop Falklands Oil Project
Insurer Relieved Of Duty To Defend, Indemnify Insureds In Lead Paint Injury Suit
High Court Dismisses Hurricane Insurance Petition After Parties Resolve Dispute
Panel: Google Failed To Show Search-Result Merging Technology Was Unpatentable
Panel Dismisses Insurers’ Appeal In Environmental Contamination Coverage Suit
$42.7M Deal Gets Final OK In ERISA Case That Is Part Of Forfeiture Wave
N.Y. Bank Worker’s Settlement OK’d, Ex-Firms Denied Fees In Federal COVID Shot Suit
California Federal Judge: Safe Harbor Exemption Doesn’t Apply To LTD Plan
Dark Web Publication Supports Standing In NewsBank Data Breach Suit
Insurer Files RICO Suit Against Roofing Company, Owners Over Hail Damage ‘Scheme’
Intervenors’ Appeal Of Fracking Leases’ Cancellation Dismissed As Moot
Panel Modifies Order Granting Judgment In $228M Insurer-Backed Securities Suit
Lift-Stay Motion Properly Denied, Georgia-Pacific Debtor Argues In 4th Circuit
6th Circuit Panel Splits On Immunity In Michigan Prison Mold Suit
Contractor Seeks Rehearing Of Grant Of Mandamus In Roof Coverage Dispute
Food Processor, Reinsurer’s Appeal Withdrawn Following Stipulation Between Parties
Builder Seeks Briefing On ‘Occurrence’ Issue Raised In Supplemental Memorandum
Louisiana Panel Reverses Ruling, Finds Exclusions Bar Grain Bin Damage Coverage
Judge Won’t Reconsider $3M Award In Insurers’ Dispute Over Concrete Coverage
Georgia Jury Awards $5 Million In Motorcycle Asbestos Friction-Parts Case
Federal Judge Finds Uber Has RICO Standing Despite Insurer-Paid Settlements
D&O Insurers Ask 4th Circuit To Reverse Denial Of Prejudgment Interest
Australian Judge Awards AU$1.89M For Man’s Asbestosis
Magistrate Judge Won’t Stay Deadline For Summary Judgment Response In Drilling Case
Insurer Seeks $4.7M From Guarantors Over Unpaid Reinsurance Obligations
Vesttoo Claims Objection Deadline Extended For 5th Time To April 2027