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9th Circuit Affirms Contempt Finding In Apple Antitrust Dispute With Epic Games

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Dec. 11 affirmed in part a lower court’s ruling finding Apple in contempt of a court-ordered injunction to enjoin Apple Inc. from certain anticompetitive practices on its App Store but reversed in part civil contempt sanctions regarding restrictions on Apple’s ability to impose any commissions on purchases outside an app in an antitrust dispute with Epic Games Inc., finding that the lower court did not err in finding Apple in contempt.

Judge Says Digital ‘Robux’ Are ‘Thing Of Value’ Under California Gambling Laws

SAN FRANCISCO — A California federal judge said “old gambling provisions” need to be “clean[ed] up” but nonetheless found that they apply to “Robux,” the digital in-game currency used in the game Roblox, in an order denying a Robux-gambling website creator’s motion to dismiss claims brought against him by the parents on behalf of children “who gambled away their Robux on RBLXWild.”

Split 9th Circuit Panel Upholds Dismissal Of ‘Air Fried’ Chips Labeling Claims

SAN FRANCISCO — A divided Ninth Circuit U.S. Court of Appeals panel upheld a trial court’s dismissal of a consumer’s putative class complaint alleging that potato chips’ “Air Fried” labeling is deceptive when the chips are only finished in an air fryer rather than fully cooked in an air fryer as the consumer failed “to plausibly allege that a reasonable consumer would be deceived into believing that the chips are not deep fried in oil.”

2nd Circuit: Insurers Have No Duty To Defend, Indemnify ‘Ghost Guns’ Suits

NEW YORK — The Second Circuit U.S. Court of Appeals affirmed a lower federal court’s judgment in favor of insurers in their lawsuit disputing coverage for underlying actions arising from their firearm manufacturer insured’s alleged sales of “ghost gun” parts and kits brought by New York state and two cities against their firearm manufacturer insured, holding that the underlying claims fail to allege an “accident” to trigger coverage.

Federal Circuit Affirms TTAB’s Cancellation Of ‘More Than An Athlete’ Marks

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed the Trademark  Trial and Appeal Board’s (TTAB) decision to cancel a sports-based nonprofit organization’s trademarks containing the phrase “more than an athlete,” agreeing that a LeBron James-founded company had shown that it acquired common-law rights to a similar phrase earlier than the nonprofit’s registration.

2nd Circuit: Figures In Lego IP Row Fall Under Earlier Injunction

NEW YORK — A Second Circuit U.S. Court of Appeals panel again held Dec. 10 that it lacked appellate jurisdiction to consider a Connecticut federal judge’s ruling that a toy company’s redesigned figurines still ran afoul of a preliminary injunction previously ordered in an intellectual property dispute with Lego A/S and affiliated Lego entities (collectively, Lego).

Government Says Exclusion Of Expert Reports Would Be ‘Disproportionate And Severe’

RALEIGH, N.C. — The U.S. Government on Dec. 10 filed a brief in North Carolina federal court arguing that the Plaintiff Leadership Group’s (PLG) motion to strike supplemental reports filed by a government expert in the Camp Lejeune water contamination litigation constitutes a sanction that is “disproportionate and severe” because the documents in question contain corrections that are contemplated under Federal Rule of Civil Procedure 26.

Congress’ Intent In ICA Private Right Of Action Case Debated Before High Court

WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 10 heard oral arguments in a case between closed-end funds (CEFs) and a hedge fund, with the CEFs asking it to determine whether the CEFs violated the Investment Company Act of 1940 (ICA) and whether Congress intended there to be a private right of action in Section 47(b) of the ICA.

Federal Circuit Rejects Arguments From IBM, Zillow In Dueling IPR Appeals

WASHINGTON, D.C. — In a dispute over a patent held by the International Business Machines Corp. related to single-sign-on (SSO) technology with Zillow Group Inc. and a related entity, a Federal Circuit U.S. Court of Appeals Panel affirmed U.S. Patent Trial and Appeal Board (PTAB) findings that some claims in the patent were invalid while others were not, rejecting arguments from both parties.

Noting AI Fabrications, Other Issues, Judge Sanctions Pro Se Disability Claimant

COLUMBUS, Ohio — Two days after the Sixth Circuit U.S. Court of Appeals denied a pro se litigant’s petitions for writs of mandamus in a dispute involving long-term disability (LTD) benefits, an Ohio federal judge on Dec. 10 issued an amended ruling designating him a vexatious litigant, dismissing his case without prejudice and imposing sanctions including a $1,500 penalty and a three-part filing restriction, highlighting “his repeated failure to appear” and “his (apparently ongoing) use of AI resulting in fabricated citations.”

Child Support Processors Appeal $7.6M Judgment For 50-Cent Customer Service Fees

SACRAMENTO, Calif. — Three companies that send child support payments to recipients filed a notice of appeal in California federal court on Dec. 9 stating they are appealing the court’s $7.6 million restitution award against them in favor of a certified class of child support recipients, who the court found were charged 50-cent service fees for making customer support phone calls in violation of California’s unfair competition law (UCL).

LATEST NEWS

Florida, Texas Sue FDA, Others, Say Mifepristone Approval, Expansion Violated Law
9th Circuit Affirms Contempt Finding In Apple Antitrust Dispute With Epic Games
Split Tribunal Awards Chevron More Than $220M In Fees For Ecuador Fight
Judge Says Digital ‘Robux’ Are ‘Thing Of Value’ Under California Gambling Laws
Judge Says Expert Can Opine On Damages In Dispute Over Michael Jordan Trademarks
Executive Order Requires Evaluation Of Influence Of Foreign-Owned Proxy Advisers
Split 9th Circuit Panel Upholds Dismissal Of ‘Air Fried’ Chips Labeling Claims
PFAS Makers Say Federal Contractor Defense Bars PFAS Claims Against Them
2nd Circuit: SSA FOIA Request Fee Refund Improper; Attorney Fees Wrongly Awarded
Federal Judge Refuses To Toss ‘As Regarded’ ADA Claim Based On Vaccination Status
Soybean Crop Insurance Claim Denial Upheld After ‘Good Farming Practices’ Review
2nd Circuit: Insurers Have No Duty To Defend, Indemnify ‘Ghost Guns’ Suits
Partial Summary Judgment Denied In Suit Between Ex-CEO, Insurer Over Legal Bills
Co-Sponsor Of AIA Calls On High Court To Take Up Challenge Of IPR Scope
VPPA Pixel Suit Settles For $900K With Reduced Attorney Fees, Service Award
Tannery Operator, Scotchgard Producer Sued For Sloughing PFAS Scraps In Landfills
Federal Circuit Affirms TTAB’s Cancellation Of ‘More Than An Athlete’ Marks
Jury Awards $11.5M To Fired Worker In Race Discrimination, Retaliation Suit
2nd Circuit: Figures In Lego IP Row Fall Under Earlier Injunction
Judge Finds Experts Can Testify On Injuries, Limitations After Car Accident
U.K. Supreme Court: Scottish Law Allows Family To Seek Mesothelioma Damages
Government Says Exclusion Of Expert Reports Would Be ‘Disproportionate And Severe’
Congress’ Intent In ICA Private Right Of Action Case Debated Before High Court
Federal Circuit Rejects Arguments From IBM, Zillow In Dueling IPR Appeals
Noting AI Fabrications, Other Issues, Judge Sanctions Pro Se Disability Claimant
Insurer’s Reconsideration Bid Denied In Suit Over Forced Deal Involving Reinsurer
LTD Claimant Is Granted Limited Discovery Outside Administrative Record
Judge: Insurer Has Duty To Defend Cosmetics Company Against Consumer Fraud Suits
3M Denies PFAS Liability, Asserts 63 Affirmative Defenses Saying Claims Fail
Insurers Say No Coverage Owed For Suit Arising From Hyperbaric Chamber Death