5th Circuit Panel Affirms Judgment For Homeowners Insurer In Fire Damage Suit
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals affirmed a district court’s grant of summary judgment to a homeowners insurer in a fire loss coverage dispute after determining that the insured failed to show that a genuine issue of material fact exists regarding the insurer’s coverage decision and loss estimates.
Insurer Liable To Assignee Under Stowers Doctrine, 5th Circuit Affirms
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Nov. 11 affirmed a lower federal court’s grant of summary judgment in favor of an assignee on his Stowers claim against an employment practices liability insurer, holding that the policy covered the assignee’s underlying breach of contract claim against the insured and the insurer is therefore liable to the assignee under the Stowers doctrine.
6th Circuit Affirms Denial Of Relief From Releases In East Palestine Train Pact
CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel upheld a trial court’s denial of Federal Rule of Civil Procedure 60 motions for relief from the personal injury payment releases filed by class members who settled claims over a chemical release that occurred after a train derailed in Ohio in February 2023, opining that settlements require compromise and that the appellant class members failed to show that there was a basis for such “extraordinary relief.”
U.S. Supreme Court Won’t Review Array Of Age, Race Workplace Discrimination Suits
WASHINGTON, D.C. — The U.S. Supreme Court denied four unrelated petitions for writs of certiorari seeking review of claims including age discrimination, race discrimination and retaliation stemming from workplace terminations or resignations asserted by a Dallas teacher, a Mississippi television anchor, a Connecticut facilities manager and a Boston technology support representative.
8th Circuit Affirms Judgment, Vacates Attorney Fees In Trade Secrets Case
ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel affirmed a lower court’s judgment against a former employee who was found liable for misappropriating his former employer’s trade secrets when he left to work for a competitor, but vacated an attorney fee award because the lower court did not consider whether the company’s degree of success justified the fees awarded.
Summary Judgment Granted In Part, Denied In Part In COVID, Age Discrimination Suit
NEW YORK — A New York federal judge granted summary judgment to an employer on state and federal age discrimination claims and an unjust enrichment counterclaim for $300,000 in erroneously distributed restricted stock units (RSUs) in a former employee’s suit alleging discrimination related to age and long COVID, finding that the employee failed to provide evidence establishing a sufficient basis “on which a jury could find pretextual” the employer’s reason for eliminating his position, and that the “facts establish the elements of unjust enrichment.”
Farm Business, DOL Debate H-2A Employer Violation Adjudication In High Court
WASHINGTON, D.C. — The U.S. Supreme Court heard arguments on Nov. 10 in a dispute between a family-owned New Jersey farming business and the Department of Labor (DOL) over whether the department can enforce conditions of the H-2A migrant worker visa program, including imposing civil penalties and ordering back wages, through its own adjudication process, with the DOL arguing that it can carry out the process under its immigration authority, while the business argued that claims must be decided by a federal court.
Former Talc Supplier, Injury Claimants Debate Successor Claims In High Court
WASHINGTON, D.C. — The U.S. Supreme Court should deny a petition for certiorari filed by the Official Committee of Talc Claimants in the Chapter 11 case of defunct talc supplier Whittaker, Clark & Daniels Inc. and affiliates because the Third Circuit U.S. Court of Appeals correctly held on appeal that successor liability claims are property of the bankruptcy estates, even if the debtors could not have asserted the claims outside of bankruptcy, the debtors argue in a brief in opposition to the petition.
Excess Insurer Owes Coverage For Scholastic’s Settlement With Vanderbilt University
NEW YORK — The Second Circuit U.S. Court of Appeals affirmed a lower court’s summary judgment ruling in favor of Scholastic Inc. in its lawsuit seeking excess professional liability coverage for the remaining portion of a settlement amount reached with Vanderbilt University in an underlying trademark infringement and breach of contract action, holding that coverage was triggered because the underlying settlement was caused by the insured’s rendering of its professional services.
Anthropic Must Face Some Claims In Suit Alleging False Advertising
SAN FRANCISCO — Allegations that Anthropic PBC’s Claude AI subscribers were misled into believing that they would receive more monthly usage than they received support Consumers Legal Remedies Act (CLRA), negligent misrepresentation and breach of contract claims, but the plaintiffs have not shown standing to pursue California unfair competition law (UCL) and false advertising claims, a federal magistrate judge in California said in dismissing some of the claims from the suit and granting leave to amend.
Tribunal Denies Bifurcation Of U.S. Investors’ $204M Claim Against Panama
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 9 published a tribunal’s decision dismissing the Republic of Panama’s request for bifurcation of an arbitration claim brought against it by two U.S. investors who claim that Panama caused them more than $204 million in damages by abruptly annulling approvals of their housing investment, finding that resolving Panama’s objections first would not contribute to efficiency because it would require reviewing the merits.