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Insurer Owed Contribution Toward $6M Wrongful Death Settlement, Ohio Panel Affirms

DAYTON, Ohio — An Ohio appeals panel on July 19 affirmed lower court’s finding that an electric company appellant has to contribute $2.4 million toward a $6 million settlement that an insurer paid on behalf of its insured to settle an underlying wrongful death lawsuit, rejecting the appellant’s contention that the insurer’s contribution claim was time-barred.

Judge In Written Order After Trial Says Expert On Sexual Grooming Admissible

ALBUQUERQUE, N.M. — A New Mexico federal judge on July 19 said that “every appellate court to consider the issue, including the Tenth Circuit [U.S. Court of Appeals], permits expert testimony about grooming” in criminal cases against child sexual abusers and denied a motion to exclude that was filed before trial; the order was not released until after the man had been convicted.

Contamination, Pollution Exclusion Bars Coverage For Coronavirus Losses

TOPEKA, Kan. — The Kansas Court of Appeals on July 19 affirmed a trial court’s ruling in favor of all-risk insurers that denied coverage for COVID-19 losses sustained by an insured because the policies’ contamination or pollution exclusion bars coverage for any contamination, seepage or pollution that endangers or threatens to endanger the health, safety or welfare of individuals.

San Francisco Tells High Court Terms Of Its NPDES Permit Don’t Comply With CWA

WASHINGTON, D.C. — In a merits brief filed in the U.S. Supreme Court on July 19, San Francisco argues that the Environmental Protection Agency failed to comply with the Clean Water Act (CWA) by including two narrative prohibitions in the city’s National Pollutant Discharge Elimination System (NPDES) sewer system permit because the prohibitions impose conditions on the quality of receiving waters.

2nd Circuit Affirms Denial Of Section 1782 Discovery To ICSID Dispute

NEW YORK — The Second Circuit U.S. Court of Appeals on July 19 affirmed a ruling quashing an Italian company’s subpoena seeking discovery for use before an International Centre for Settlement of Investment Disputes (ICSID) tribunal, writing that the federal statute governing discovery in assistance of foreign courts does not apply to ad hoc ICSID tribunals under recent U.S Supreme Court precedent.

In Consolidated Ruling, Panel Says Water Providers Not Liable For Contamination

TRENTON, N.J. — In a consolidated appeal of two class actions, a panel in New Jersey on July 19 ruled that there is no basis upon which municipal water providers may be held liable under a breach-of-contract theory for distributing water that contains a high level of contaminants.

Judge Tosses Most Of SEC Complaint Over Cyberattack For Failure To Show Falsity

NEW YORK — A federal judge in New York on July 18 largely dismissed a first-of-its-kind suit brought by the Securities and Exchange Commission against a software company and its head of information security accusing them of issuing false statements about the company’s software that was the target of alleged state-sponsored cyberattacks from Russia, finding that many of the SEC’s claims “impermissibly rely on hindsight and speculation.”

Ruling Affirmed On Bad Faith, Unfair Trade Practices Claims Against Auto Insurer

SEATTLE — The Ninth Circuit U.S. Court of Appeals in a July 18 unpublished opinion affirmed a district court’s ruling in favor of an auto insurer, agreeing with the lower court’s determination that claims alleging violations of Montana’s Unfair Trade Practices Act (UTPA) and bad faith cannot proceed because the insurer did not violate the UTPA or act in bad faith by enclosing an optional release when it tendered its insured’s bodily injury limits to claimants following a motorcycle accident for which its insured was liable.

California Supreme Court Says UCL Suit Against Insurer Not Time-Barred

SAN FRANCISCO — The California Supreme Court on July 18 reversed an appellate panel’s affirmance of the dismissal as time-barred of an insured’s lawsuit against her property insurer for failure to properly investigate a claim, finding that the panel should have applied the four-year statute of limitations under California’s unfair competition law (UCL) to her UCL claim for injunctive relief.

Questions Of Fact Remain In Asbestos Bodily Injury Coverage Suit, Judge Says

pleadings in a suit seeking a declaration that coverage is owed for an underlying asbestos bodily injury suit after determining that questions of fact exist regarding whether asbestos exclusions apply as a bar to coverage and whether the underlying plaintiff’s injuries were caused by asbestos in the insured’s talc products.

5th Circuit Orders Limited Remand In Challenge To ESG Investing Rule

NEW ORLEANS — Citing a recent U.S. Supreme Court decision that overturned a deference doctrine on which the lower court relied, a Fifth Circuit U.S. Court of Appeals panel on July 18 vacated and remanded a decision upholding a 2022 U.S. Department of Labor (DOL) investment rule concerning environmental, social and governance (ESG) factors.

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3rd Circuit Affirms Remedies In Trademark Fight Over Airplane Parts
Insurer Owed Contribution Toward $6M Wrongful Death Settlement, Ohio Panel Affirms
Massachusetts Federal Judge Denies Barry Cadden’s Motion To Reduce His Sentence
Judge In Written Order After Trial Says Expert On Sexual Grooming Admissible
Contamination, Pollution Exclusion Bars Coverage For Coronavirus Losses
Justice Denies Summary Judgment Motions In Suit Arising From Inadequate Pinning
Federal Magistrate Judge Recommends $4M Default Judgment For Alleged Park Dumping
San Francisco Tells High Court Terms Of Its NPDES Permit Don’t Comply With CWA
5th Circuit Rejects Appliance Store’s Bid To Reconsider Fees In Trademark Dispute
Kazakhstan, Moldovan Investors Settle Arbitral Feud As Judge Compels Subpoenas
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Federal Judge Dismisses Coverage Dispute Over Alleged Defective Commercial Building
Judge Denies DuPont’s Bid To Be Excluded From Chloroprene Emissions Injury Lawsuit
2nd Circuit Affirms Denial Of Section 1782 Discovery To ICSID Dispute
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Illinois Federal Judge Dismisses Oil Spill Cleanup Claims Without Prejudice
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Plaintiff Sues Over Penalties Assessed In Connection With Captive Insurance Program
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