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Law Firm’s $8M Data Breach Settlement Tentatively Approved; Fees Reviewed

SAN FRANCISCO — A federal judge in California issued a tentative ruling approving an $8 million class global settlement to be paid by a law firm after its network was breached and the personal identifiable information (PII) of more than 630,000 individuals was potentially accessed but questioned the specifics of the settlement terms and indicated that attorney fees were still being reviewed, according to civil minutes.

Oregon High Court: Advocate-Victim Privilege Shields Phone, Finance Records

SALEM, Ore. — Protections from disclosure provided by an Oregon statute and evidentiary rule to communications between a domestic abuse victim and a qualified advocate also encompass any records related to services provided to the victim even if they do not specifically include confidential communications, the Oregon Supreme Court ruled, granting a women’s services provider’s petition for mandamus relief from a trial court’s order requiring it to provide a victim’s telephone and financial records.

Kentucky Panel Reverses Workers’ Comp Ruling In Asbestos Coverage Dispute

FRANKFORT, Ky. — The Kentucky Court of Appeals reversed a decision by the Kentucky Workers’ Compensation Board and instructed the board to remand the dispute to an administrative law judge to determine which of two insurers should provide coverage to a workers’ compensation claimant who developed mesothelioma as a result of asbestos exposure while working at a Kentucky high school that contained asbestos.

U.S. High Court Grants Motion To Divide Argument In Fracking Railway Case

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 12 granted the federal government’s motion for divided argument in a case in which petitioners seek reversal of a lower court ruling that held that the Surface Transportation Board (STB) failed to adequately examine the risk of wildfires and the impact on groundwater posed by the construction of a proposed rail line in Utah that would carry products related to hydraulic fracturing to and from the shale formation in the Uinta Basin. However, the Supreme Court denied a motion for divided argument filed by the respondent. The Court did not elaborate on its decision.

Settlement Reached In Post-Surgical Complication Suit In N.C. Federal Court

STATESVILLE, N.C. — An upcoming trial over allegations that a woman suffered post-surgical complications following spinal surgery that included a FiberCel product has been canceled after the parties told a North Carolina federal court on Nov. 11 that a settlement has been reached.

ASD-ADHD MDL Defendants Say Lower Court Properly Excluded Expert Testimony

NEW YORK — Arguments made by plaintiffs in the acetaminophen autism spectrum disorder-attention deficit hyperactivity disorder (ASD-ADHD) multidistrict litigation appealing a decision to exclude their expert witnesses “would transform the trial court’s role” in determining admissibility under Federal Rule of Evidence 702, Johnson & Johnson Consumer Inc. (JJCI) and retailers of acetaminophen argue in a brief before the Second Circuit Court U.S. Court of Appeals.

Judge: No Stay In Patent Dispute Over Hotel Room Key Smart Phone App

MARSHALL, Texas — A federal judge in Texas on Nov. 8 denied a defendant hotel chain company’s motion to stay a patent infringement case involving room key technology while a Virginia federal judge considers a related patent infringement case, holding that most applicable factors weigh against granting the stay.

1st Circuit Affirms Insurer Has No Duty To Defend Contractor On Different Grounds

BOSTON — The First Circuit U.S. Court of Appeals on Nov. 8 affirmed a Massachusetts federal court’s order of final judgment in favor of a commercial general liability insurer and two intervenor plaintiffs in a declaratory judgment lawsuit in which the insurer alleged that it owed a contractor and his two construction companies no duty to defend against lawsuits accusing them of breach of contract in connection with construction defects at an apartment complex in New Jersey, focusing on the policy’s “your work” exclusion in finding that coverage is barred.

Final OK Given To $5.5M Amazon COVID-19 Screenings Pay Class Settlement

FRESNO, Calif. — A federal magistrate judge in California granted final approval of a $5.5 million settlement between California workers and Amazon.com Services LLC, ending two cases in which the workers allege that they were denied pay for time spent undergoing COVID-19 symptom screenings before their shifts.

Magistrate: Sports Store Owed Fees In Copyright Case After Summary Judgment

TAMPA, Fla. — A federal magistrate judge in Florida recommended the award of attorney fees to an online sports memorabilia store after a federal judge granted the store’s motion for summary judgment in its favor on claims brought against it by a photography company that accused it of copyright infringement by selling prints of photos of horse races.

Judge Dismisses AI Suit, Says Removal Of CMI Alone Not Sufficient For Standing

NEW YORK — Two media outlets have not established that the removal of copyright management information (CMI) from news stories without corresponding dissemination of the works constitutes an injury or that an artificial intelligence is likely to reproduce the works verbatim, a federal judge in New York said in dismissing the outlets’ lawsuit on Nov. 7 for lack of standing.

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Chamber, Trade Groups Argue EPA Erred In Deeming 2 PFAS Hazardous Substances
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Floor Tile Company Drops Asbestos Causation Appeal, Settles Case
Judge Says Asbestos Complaint More Than A ‘Shotgun Pleading’
Mother Says Walmart’s ‘Hypoallergenic’ Baby Product Causes Contact Dermatitis
Acetaminophen Autism/ADHD MDL Reopens In New York After New Cases Filed
California Panel Affirms Ruling In Insurer’s Favor In Vicarious Liability Suit
Law Firm’s $8M Data Breach Settlement Tentatively Approved; Fees Reviewed
Transit Agency Says $7.8M Verdict Against It In COVID Vaccine Case Cannot Stand
Judge: Tech Company Fails To Support Patent, Antitrust Claims Against Google
Indigenous Communities May Participate In Coal Mining Arbitration Against Colombia
Oregon High Court: Advocate-Victim Privilege Shields Phone, Finance Records
Magistrate Would Side With Reinsurer In Heart Transplant Reimbursement Row
Justice Says Talc Defendant Misplaces Burden On Summary Judgment
Insurer Asks Georgia Federal Court To Find No Coverage Owed For Wrongful Death Suit
Kentucky Panel Reverses Workers’ Comp Ruling In Asbestos Coverage Dispute
Wireless Tech Firm Has Standing To Sue AT&T, Others In Patent Disputes
U.S. High Court Grants Motion To Divide Argument In Fracking Railway Case
The White Stripes Drop Copyright Suit Against Trump Camp After Election Win
Settlement Reached In Post-Surgical Complication Suit In N.C. Federal Court
Ohio Train Derailment Defendants Say Their Expert Is Qualified To Testify
Group Outlines Dismissal Arguments In Another Reinsurer’s RICO Lawsuit
9th Circuit Grants Coach’s Motion To Dismiss Appeal In Sexual Abuse Coverage Suit
Pollution Liability Insurer Objects To Report, Says Suit Should Be Transferred
Judge Denies Insurer’s Request To Transfer Silica Coverage Suit
Pollution Exclusion Bars Coverage For Chemical Exposure Suit, Judge Says