En Banc 9th Circuit Reverses Discovery Sanction That Ended Civil Forfeiture Case
SAN FRANCISCO — Issuing a June 2 en banc ruling featuring a partial concurrence, the Ninth Circuit U.S. Court of Appeals reversed a discovery sanction that struck a man’s claim to $1,106,775 that was seized from a vehicle he was driving and remanded for further proceedings, concluding that “the district court was operating in a difficult area that lacked extensive case law from this court” but under the circumstances it was an abuse of discretion to end the civil forfeiture case for allegedly insufficient responses to special interrogatories concerning standing.
Judge: Umbrella Insurer Has Duty To Defend Diocese Against Sexual Abuse Lawsuits
SANTA ANA, Calif. — A federal judge in California held that an umbrella insurer has a duty to defend the Roman Catholic Bishop of Orange against more than 200 underlying sexual abuse lawsuits brought under the California Child Victims Act, rejecting the insurer’s argument that the insolvency of the insured’s primary insurer does not obligate it to drop down in place of the primary insurer.
Judge Partially Grants Bill Of Costs In Insurer Suit Involving Missing Physician
FORT MYERS, Fla. — After a jury returned a verdict finding that a life insurer was entitled to rescind a $1.4 million policy on an insured physician who has been missing at sea since Aug. 10, 2022, a Florida federal judge on June 1 granted in part the insurer’s bill of costs, reducing the bill for duplicate fees and for subpoenas that were not served.
11th Circuit Won’t Block Joint Hearings For Expert Challenges In Depo-Provera Cases
ATLANTA — Joint hearings on the admissibility of expert witnesses in cases alleging that Depo-Provera, a long-lasting injectable contraceptive, caused women to develop intracranial meningiomas, a type of brain tumor, that are pending in state courts and a federal multidistrict litigation in Florida will proceed after the 11th Circuit U.S. Court of Appeals on June 1 denied a petition for writ of mandamus filed by claimants with cases pending in a Delaware state court.
7th Circuit Affirms Mixed Ruling In Multiemployer Fund Expulsion Case
CHICAGO — Resolving consolidated appeals in a withdrawal liability case where “tens of millions of dollars” are at stake by upholding a mixed ruling, the Seventh Circuit U.S. Court of Appeals affirmed the lower court’s judgment “across the board,” concluding that a multiemployer pension plan had authority to expel a local bargaining unit but the plan’s counterclaim for declaratory judgment as to when the contribution obligation for that unit ended is not yet ripe because a mandatory exhaustion requirement applies and the issue must be arbitrated.
Judge Approves $100M Derivative Settlement In Hawaii Over Maui Fires
HONOLULU — A federal judge in Hawaii issued an opinion and order granting final approval of a $100 million derivative settlement in a case brought by investors on behalf of Hawaiian Electric Industries Inc. stemming from the August 2023 wildfires that broke out on Maui.
Judge Allows UCL Suit Over Nutrition Claims On Toddler Drinks
SAN DIEGO — A California federal judge on June 1 denied three food companies’ motion to dismiss a putative class action against them for allegedly violating California’s unfair competition law (UCL) and other laws by marketing their products with nutrient content claims that are prohibited on products for children under the age of 2 based on Food and Drug Administration regulations as adopted into state law, but dismissed the plaintiffs’ claim for declaratory relief.
Panel Reverses No Coverage Ruling In Suit Over Sexual Abuse Claims Against Teacher
LOS ANGELES — A California appeals court panel held that a lower court erred in granting summary judgment in favor of an excess insurer in the Los Angeles Unified School District’s lawsuit seeking coverage for underlying allegations that it negligently employed and supervised a teacher who sexually abused students over many years, reversing the lower court’s judgment and remanding for further proceedings.
Conflict Of Interest With Insurer Entitled Contractor To Independent Counsel
ST. PAUL, Minn. — A Minnesota appeals court panel held June 1 that there was a conflict of interest between a general contractor and a subcontractor’s commercial general liability insurer that transformed the insurer’s duty to defend into a duty to reimburse underlying attorney fees the contractor incurred in defending a negligence suit involving a fatal motorcycle crash, reversing the lower court’s finding that the insurer did not have to pay the fees of the general contractor’s independent counsel.
U.S. Supreme Court Denies Landowner’s Petition In Wetlands CWA Liability Case
WASHINGTON, D.C. — The U.S. Supreme Court on June 1 denied a petition for a writ of certiorari filed by a Connecticut farmland owner seeking review of an order that held him liable for remediation of his property after he violated the Clean Water Act (CWA) by filling in wetlands without a permit.
Court Incorrectly Calculated Deductible In Suit Arising From Hurricane Preparation
ATLANTA — The 11th Circuit U.S. Court of Appeals held that a lower federal court correctly identified policy provisions offering coverage for a railroad company’s losses arising from precautionary measures it took in preparing for Hurricane Irma but incorrectly calculated the deductible, affirming in part, vacating in part and remanding for the lower court to determine the amount the insured is entitled to recover after applying the lower deductible.