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Independent Contractor Payments Not Part Of Payroll Costs For PPP Loan Forgiveness

PHILADELPHIA — Concluding that for the purposes of Paycheck Protection Act (PPP) loan forgiveness, payments by a business to independent contractors should not be included in the calculation of the business’s payroll costs, a Third Circuit U.S. Court of Appeals panel unanimously reversed a ruling by a Pennsylvania federal court that the Small Business Administration (SBA) acted arbitrarily and capriciously in denying forgiveness for a portion of a business’s PPP loan.

Under Armour Asks 4th Circuit To Rehear Directors & Officers Liability Coverage Suit

RICHMOND, Va. — Under Armour Inc. has asked the Fourth Circuit U.S. Court of Appeals to reconsider its reversal of a Maryland federal court’s grant of the petitioner’s motion for judgment on the pleadings in its directors and officers liability insurers’ lawsuit seeking a declaration that they owe no coverage for underlying investigations brought by the U.S. Securities and Exchange Commission and the U.S. Department of Justice, shareholder demand letters and a securities class action, contending that “rehearing is exceptionally important because of the strong public policy interest in settlement.”

Federal Circuit Affirms Abstractness Of Patent Asserted Against Walmart

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed a Texas federal judge’s entry of summary judgment of noninfringement in favor of Walmart Inc., writing in a nonprecedential Feb. 5 opinion that the plaintiff-appellant technology company could not show that the asserted patent claims were not invalid as abstract.

Federal Jury: Insurer Acted In Bad Faith, Owes Church $2.8M In Additional Coverage

NEW ORLEANS — A jury before a Louisiana federal judge on Feb. 5 held that an insurer acted in bad faith in its handling of the church insured’s claim arising from Hurricane Ida property damage, concluding that the insurer owes the insured $2,818,230.66 in additional coverage for its claim, $371,265 for the insurer’s bad faith and $371,265 for the insurer’s failure to timely pay.

9th Circuit: Shareholders Sufficiently Alleged Falsity About Technology, Inventory

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel affirmed in part and reversed in part a lower court’s order dismissing shareholders’ putative class action alleging that Funko Inc. and certain of its executives violated federal securities laws by issuing misleading statements about the company’s inventory, storage and technology, finding that the plaintiffs pleaded with sufficient particularity factual allegations regarding the falsity of statements concerning existing technology and inventory management.

2nd Circuit Addresses Standing For Representative ERISA Claims In Pension Case

NEW YORK — Reversing a determination that the named plaintiff in the dispute over using a half-century-old mortality table to calculate joint and survivor annuities (JSAs) has standing “to seek monetary payments on behalf of the” pension plan, the Second Circuit U.S. Court of Appeals on Feb. 5 otherwise affirmed the lower court’s ruling in the Employee Retirement Income Security Act case on interlocutory appeal.

3rd Circuit: Rule Silent On Enforcement Of Tendered Share Transfer Restrictions

PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel affirmed a lower court’s dismissal of shareholders’ suit alleging a company violated the Securities and Exchange Commission’s Best Price Rule by not purchasing their tendered shares, finding the rule is silent about whether a tender offeror may enforce restrictions on the transfer of tendered shares.

Federal Circuit: Subcontractor For NASA Can’t Infringe Martian Helicopter Patent

WASHINGTON, D.C. — A California federal judge rightly granted summary judgment to a NASA subcontractor in a patent infringement suit, a Federal Circuit U.S. Court of Appeals panel held Feb. 4, because any alleged infringement the company performed on a helicopter sent to Mars is immunized by the subcontractor’s work for the U.S. government.

5th Circuit Affirms Another Denial Of Insurers’ Bid To Arbitrate Hurricane Claims

NEW ORLEANS — In the latest of multiple rulings in which the Fifth Circuit U.S. Court of Appeals has reversed course from its prior precedent and proceeded to bar arbitration of Louisiana hurricane insurance disputes following new Louisiana Supreme Court precedent, a panel on Feb. 4 issued a per curiam unpublished opinion affirming the vacatur of a previous order compelling arbitration of insurance and bad faith claims arising out of hurricane damage to a hotel.

Judge Orders ‘Puff Bar’ Vape Sellers To Pay $129K In Deceptive Marketing Suit

NEW YORK — A New York federal judge on Feb. 4, who previously refused to certify a consumer class action against two companies that sell “Puff Bar”-brand synthetic nicotine vapes, ordered the companies to pay more than $96,000 in statutory damages and roughly $32,000 in attorney fees for deceptively marketing their products to the plaintiff in violation of New York and New Jersey consumer protection laws.

Teva Secures Defense Win In 1st Paragard MDL Bellwether Trial

ATLANTA — A federal jury in Georgia returned a defense verdict in the first bellwether case for the Paragard intrauterine device (IUD) multidistrict litigation, rejecting a woman’s claim that Teva Pharmaceuticals USA Inc. failed to warn her that the device is prone to break during removal.

LATEST NEWS

Judge Certifies Classes In Juul Antitrust Suit, Denies Opposing Daubert Motions
Judge Grants In Part Judgment For GEICO In No Fault Urine Testing ‘Fraud’ Suit
Independent Contractor Payments Not Part Of Payroll Costs For PPP Loan Forgiveness
Under Armour Asks 4th Circuit To Rehear Directors & Officers Liability Coverage Suit
Federal Circuit Affirms Abstractness Of Patent Asserted Against Walmart
Judge Refuses To Reconsider Dismissal Of Antitrust Pricing Suit Against Juul
Federal Jury: Insurer Acted In Bad Faith, Owes Church $2.8M In Additional Coverage
Government: Injunction Should Be Stayed In Dispute Over Pipeline On Tribal Land
Illinois Federal Judge: ERISA Forfeiture Case Mostly Survives Dismissal
AI Employment Discrimination Plaintiffs Push Back On Dismissal Attempt
Judge Denies Motion To Reconsider Ruling In Cryptocurrency Sale Dispute
Motion To Compel Arbitration Granted In Credit Dispute Involving Online Terms
Judge Tosses Surfboard Company’s Trademark Claims For Lack Of License Termination
9th Circuit: Shareholders Sufficiently Alleged Falsity About Technology, Inventory
2nd Circuit Addresses Standing For Representative ERISA Claims In Pension Case
Citing Recent Ruling, 6th Circuit Remands GM Worker’s Reverse-Discrimination Case
Owner Of Storm-Damaged Texas Buildings Files Complaint Alleging Insurer Underpaid
9th Circuit VPPA Appeal Vacated, Held In Abeyance Pending Supreme Court Ruling
Nursing Home Seeks Full Professional Liability Limits For ‘Killer Nurse’ Suits
Federal Judge Tosses Flood Coverage Suit Against FEMA For Lack Of Jurisdiction
N.Y. Judge Says AI Train Has Arrived For Lawyers, Imposes $10,000 In Sanctions
Judge Dismisses Insurer’s Suit Disputing Coverage For Negligence Claims
ERISA ‘Excessive Fee’ Settlements, Proposals Under $5M
New Mexico High Court Says Strike Of Expert Affidavit Not Discovery Sanction
Split Oklahoma High Court Affirms Attorney-Client Privilege Ruling
Suit Against Health Plan’s Third-Party Administrator Is Voluntarily Dismissed
Judge Refuses To Halt Alaska Fracking On Grounds The ‘Winter Factors’ Were Not Met
Extension Granted For Response To Macy’s High Court Union Lockout Case Petition
Parties Reach Settlement In HVAC Unit Latch Defect Insurance Suit
Split 2nd Circuit Finds Company Breached Contract By Not Honoring Warrants