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Federal Circuit Orders New Trial In Oil Refining Patent Infringement Dispute

WASHINGTON, D.C. — A Texas federal judge should have approved Magēmā Technology LLC’s request for a new trial in a patent infringement suit it brought against Phillips 66 and related entities, a panel in the Federal Circuit U.S. Court of Appeals held Sept. 8; the panel said it could not be certain if an improperly introduced theory from Phillips informed a jury’s verdict in its favor.

Split 4th Circuit: States Lack Standing To Sue Over Federal Worker Firings

RICHMOND, Va. — Nineteen states and the District of Columbia lack standing under Article III of the U.S. Constitution to sue over the firing of probationary federal workers en masse, a divided Fourth Circuit U.S. Court of Appeals panel ruled Sept. 8, vacating a trial court’s preliminary injunction and remanding with instruction that the case be dismissed.

Federal Circuit: PTAB Wrong To Skip Alice Analysis For Patent Application

WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) failed to fully consider the indefiniteness and abstractness of an inventor’s proposed patent describing a system for distributing content between online users, a panel in the Federal Circuit U.S. Court of Appeals held in a nonprecedential judgment, vacating part of PTAB’s findings and reversing other aspects.

New York Justice Grants Archdiocese’s Summary Judgment Motion Against Certain Insurers

NEW YORK — A New York justice on Sept. 8 granted the Archdiocese of New York’s motion for partial summary judgment against London Market Insurers (LMI) in the archdioces’s coverage dispute arising from close to 1,700 underlying sexual abuse lawsuits, declaring that LMI must pay its solvent shares of its full policy limit of $200,000 per covered occurrence from May 1, 1975, to May 14, 1978, and $300,000 per covered occurrence from May 15, 1978, to Sept. 1, 1978, in excess of the policy’s $100,000-per-occurrence retention.

Split U.S. High Court Grants Stay In Putative Class Suit Over Los Angeles Patrols

WASHINGTON, D.C. — A divided U.S. Supreme Court on Sept. 8 granted the federal government’s application to stay pending appeal a trial court’s July halt of “Operation At Large” being carried out in Los Angeles by U.S. Customs and Border Protection agents and officers and U.S. Immigration and Customs Enforcement personnel who detain individuals in publicly accessible places to question their legal status based on the location, type of work being done, language being spoken, accent and race or ethnicity.

6th Circuit Won’t Force Opioid MDL Recusal From Case, Disclosure Of Communications

CINCINNATI — The Sixth Circuit U.S. Court of Appeals refused to force a district court judge to recuse himself from all pending and future proceedings involving certain pharmacy benefits managers (PBMs) and to order the disclosure of ex parte communications, denying a writ of mandamus petition that was filed by the PBMs.

Wisconsin High Court Hears Premises Liability Appeal Of Asbestos Verdict

MILWAUKEE — The Wisconsin Supreme Court on Sept. 8 heard oral arguments on whether a brewery can be held liable as a premises owner for asbestos exposures experienced by an independent contractor under Wisconsin law and whether if the verdict stands, punitive damages are based on the entire compensatory damages award or just the portion recoverable by the plaintiff.

Connecticut Majority Affirms Ruling In Broker’s Favor In Insureds’ Negligence Suit

HARTFORD, Conn. — In an opinion scheduled for official release on Sept. 9, a majority of the Connecticut Supreme Court held that an insurance broker did not have a duty to inform insureds that their homeowners insurer did not intend to renew their insurance policy and rejected the insureds’ argument that their long-standing and special relationship with the broker created a legal duty requiring it to provide them with notice of the insurer’s nonrenewal.

Texas High Court Declines Insurer’s Request To Review Storm Damage Coverage Suit

AUSTIN, Texas — In its Sept. 5 orders pronounced, the Texas Supreme Court denied an insurer’s petition asking it to review an appeals court’s ruling that affirmed a lower court’s grant of summary judgment in favor of a hotel owner insured in a coverage dispute over roof damage caused by a storm.

Authors, Anthropic Reach $1.5 Billion Settlement Of AI Copyright Class Action

SAN FRANCISCO — Anthropic PBC has agreed to pay no less than $1.5 billion to resolve claims it improperly pirated nearly half a million books while obtaining data for use in training its Claude artificial intelligence, a class of authors says in a Sept. 5 motion for preliminary settlement approval.

U.S. High Court Grants Administrative Stay In FTC Commissioner Removal Case

WASHINGTON, D.C. — A trial court’s summary judgment ruling for Rebecca Slaughter, one of two Federal Trade Commission commissioners purportedly removed in March from the Federal Trade Commission without cause, was administratively stayed by U.S. Supreme Court Chief Justice John G. Roberts Jr. on Sept. 8 pending further order by the high court.

LATEST NEWS

Bad Faith Claims Fail Based On Insurer’s Payment For All Damages, Panel Says
Federal Circuit Orders New Trial In Oil Refining Patent Infringement Dispute
Government Seeks To Hold In Abeyance Any CERCLA Claims Asserted In AFFF Litigation
Nuisance Suit Against Exxon For Plastics Pollution May Proceed, Judge Says
Judge Won’t Enforce Annulled $50M ECT Award Against Poland
Motions To Compel Discovery Granted In Part In Hurricane Coverage Dispute
Split 4th Circuit: States Lack Standing To Sue Over Federal Worker Firings
Wound Dressing Maker Removes Complaint Alleging Infection To N.C. Federal Court
Federal Circuit: PTAB Wrong To Skip Alice Analysis For Patent Application
New York Justice Grants Archdiocese’s Summary Judgment Motion Against Certain Insurers
N.Y. Federal Judge Moves Energy Groups’ Climate Change Act Suit To North District
Split U.S. High Court Grants Stay In Putative Class Suit Over Los Angeles Patrols
DOJ To Supreme Court: Monitoring Of Inmate’s Privileged Call Was Harmless
2nd Circuit: Courts Can’t Decide Arbitral Fee Disputes In Laid-Off Workers’ Case
Firefighters Say They Have Established Injury Claims Against Makers Of PFAS
6th Circuit Won’t Force Opioid MDL Recusal From Case, Disclosure Of Communications
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002
South Carolina Justice Tells State’s High Court She Will Affirm Cape Receiver
Dismissal Bid In PIP Dispute Stayed Pending N.J. High Court Arbitration Ruling
Defendant Seeks Rehearing In Insurer’s Subrogation Suit Prompted By Jet Damage
Reinsurers, Airline Repair Co. Jointly Propose Dismissal In Suit Over Plane Crash
Wisconsin High Court Hears Premises Liability Appeal Of Asbestos Verdict
New York Attorney General, Landlords Reach $515,000 Settlement In Lead Case
Texas High Court Won’t Decide If Counties Are Claimants Under Law In Opioid Case
Judge Stands By Take-Nothing Judgment In Insurer’s Favor In Hailstorm Coverage Suit
6th Circuit Challenge To Ruling That PBM Is Partly Preempted Draws Amicus Input
Challenge To Tobacco, Vaccination Surcharges Partly Survives Dismissal
D.C. Panel Vacates Injunction That Enjoined Termination Of Clean Energy Grants
N.Y. Jury Awards $12.25M In Environmental Asbestos Case Against Vanderbilt
Silica Exclusions Bar Coverage For Silica Exposure Lawsuits, Insurers Say