9th Circuit Affirms That Murder Conviction Bars ERISA Benefits Claim
SAN FRANCISCO — Affirming a ruling that barred a woman who was convicted of murdering her husband from claiming his Employee Retirement Income Security Act benefits, the Ninth Circuit U.S. Court of Appeals said in an unpublished memorandum disposition that under a state “slayer” statute, “a person’s killer is not entitled to benefit from the decedent’s pension” and that “federal common law refuses to allow a person to benefit financially from a murder she has committed.”
6th Circuit Reverses Judgment For Internet Group In Social Media Monitoring Law Row
CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel on June 18 reversed and remanded a lower court’s ruling granting summary judgment to internet trade association NetChoice LLC in its suit seeking to enjoin enforcement of an Ohio law that requires parental consent for minors under age 16 to access certain social media platforms, finding that NetChoice failed to show that the law “is facially unconstitutional.”
Panel: Exclusion Bars Coverage For Insured’s Losses Over Spear Phishing Scheme
CHICAGO — The Seventh Circuit U.S. Court of Appeals on June 18 affirmed a lower federal court’s dismissal of an insured’s breach of contract and declaratory judgment lawsuit seeking coverage under a financial institution bond for its $4 million in unrecovered losses arising from a spear phishing scheme, agreeing that an exclusion in the bond’s electronic mail initiated transfer fraud coverage provision applies as a bar to coverage.
Summary Judgment Denied On Exhaustion In LTD Case Due To Possible Ambiguities
NEW YORK — Concluding that possible ambiguities in an insurer’s communications kept it from showing that the plaintiff failed to exhaust her administrative remedies, a New York federal judge on June 18 denied the defendant insurer’s motion for summary judgment in a suit over terminated long-term disability (LTD) benefits.
Washington Panel Says IFCA Claim Can Proceed In Auto Accident Coverage Dispute
TACOMA, Wash. — The Division II Washington Court of Appeals affirmed a trial court’s denial of an auto insurer’s motion for summary judgment on breach of contract and extracontractual claims after determining that questions of fact exist as to whether the insured’s recovery for damages following an auto accident is limited by a waiver and whether the insurer’s payment of underinsured (UIM) benefits bars the insured’s extracontractual claims brought under the state’s Insurance Fair Conduct Act (IFCA).
Objectors To $7.25B Roundup Deal Appeal Order That Remanded Case To State Court
ST. LOUIS — After a Missouri federal judge remanded a case challenging the $7.25 billion nationwide Roundup settlement to state court on June 17, finding that the parties objecting to the settlement are not defendants and cannot remove the case to federal court, the objecting parties filed a notice in the district court indicating that they will appeal the remand ruling.
Judge Confirms Final Award In ‘Long-Running Dispute’ Over Control Of Company
NEW YORK — A New York federal judge on June 17 granted a petition to confirm a final award in a years-long arbitration in which the majority shareholders of a Latin American telecommunications company have defied past awards, including one ordering them to pay more than $325 million to minority shareholders, for which they were previously found in contempt.
After Vacating $102M Shipping Award Due To Fraud, Judge Denies Permanent Injunction
NEW YORK — A New York federal judge on June 17 denied a shipping investor’s motion, in which two shipping companies joined, for a permanent injunction against three Cypriot companies that are alleged to have been the beneficiaries of a since-vacated JAMS award worth more than $102 million that the court said was “obtained through fraud,” writing that he would not enjoin future litigation or issue findings beyond those in his vacatur order.
3rd Circuit Won’t Revive Case Over Denial Of Accidental Life Benefits
PHILADELPHIA — Concluding that neither claim was plausible under the Employee Retirement Income Security Act, the Third Circuit U.S. Court of Appeals on June 17 affirmed rulings against a widower who argued that his late wife’s employer wrongly denied his claim for basic accidental life insurance and optional accidental death and disability (AD&D) benefits and wrongly failed to provide plan documents.
RICO Claims Tossed Against Physicians Accused Of Life Insurance Fraud Conspiracy
NEWARK, N.J. — A New Jersey federal judge dismissed claims for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), fraud, tortious interference and unjust enrichment claims against two physicians accused of conspiring to submit fraudulent medical records in support of life insurance applications, finding that the allegations were “conclusory” and failed to show that the physicians participated in falsifying records to further a “scheme.”
Depo-Provera MDL Judge Says Parties Have Reached Settlement To End Claims
PENSACOLA, Fla. — The manufacturers of Depo-Provera, a long-lasting injectable contraceptive that allegedly caused women to develop intracranial meningiomas, a type of brain tumor, have reached a settlement agreement with the plaintiffs’ lead counsel to resolve all cases that “meet the eligibility criteria agreed to by the Parties,” the Florida federal judge overseeing the multidistrict litigation said in an order vacating deadlines for the first pilot case.