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3rd Circuit Vacates $3.7M Attorney Fee Award In BMW Engine Case for Second Time

PHILADELPHIA — For the second time since a class settlement valued at $27 million was reached in a suit alleging that BMW knowingly manufactured vehicles equipped with defective engines, a Third Circuit U.S. Court of Appeals panel vacated a $3.7 million fee award for class counsel, finding that the lower court approved problematic lodestar enhancements.

Split 1st Circuit Revives Copyright Suit Against Ricky Martin For Discovery Errors

BOSTON — A partially split First Circuit U.S. Court of Appeals panel vacated a Puerto Rico federal judge’s grant of summary judgment in favor of the artist who performs as Ricky Martin in a sprawling copyright dispute involving a song entered into a FIFA World Cup song contest, finding that the judge took “sweeping actions” without giving the plaintiff-appellant a meaningful chance to pursue discovery.

CGL Insurer Asks 11th Circuit To Reconsider Appeal In Sex Trafficking Coverage Suit

ATLANTA — A commercial general liability insurer asked the 11th Circuit U.S. Court of Appeals on June 12 to reconsider its dismissal of its appeal of a lower federal court’s declaration that it has a duty to defend a hotel operator insured against an underlying sex trafficking lawsuit, challenging the appeals court’s ruling that it lacks jurisdiction to hear the appeal.

Split Panel Affirms $108M Award Against Venezuela Despite Leadership Change

WASHINGTON, D.C. — A split District of Columbia Circuit U.S. Court of Appeals panel on June 12 affirmed the confirmation of a Permanent Court of Arbitration (PCA) arbitral award against the Bolivarian Republic of Venezuela worth more than $108 million in favor of a Barbadian oil and gas investor, while one judge dissented because the tribunal allowed Venezuela to be represented by President Nicolás Maduro at a time when the United States recognized the country as led by Juan Guaidó.

U.S. High Court Won’t Review Dismissal Of Appeal In Anti-SLAPP Online Review Row

WASHINGTON, D.C. — The U.S. Supreme Court on June 15 denied a petition for writ of certiorari filed by a digital marketing agency and its owner seeking review of an appellate court’s dismissal of an interlocutory appeal of a lower court order denying a motion to strike under the California anti-SLAPP statute.

11th Circuit: Insurer’s Motion To Intervene In Sex Trafficking Lawsuit Was Untimely

ATLANTA — The 11th Circuit U.S. Court of Appeals dismissed an insurer’s appeal challenging a lower federal court’s denial of its motion to intervene in a lawsuit alleging that its hotel owner insured violated the Trafficking Victims Protection Reauthorization Act (TVPRA), holding that the lower court did not abuse its discretion in determining that the insurer’s motion to intervene was untimely.

S.C. Federal Judge Vacates EPA Guidance Shuttering Environmental Grant Program

CHARLESTON, S.C. — A South Carolina federal judge granted partial summary judgment to several community groups and cities on remand, finding that the U.S. Environmental Protection Agency’s decision to terminate a series of environmental grants that aimed to help disadvantaged communities address climate challenges and ongoing pollution was unlawful under the Administrative Procedure Act (APA) and vacating “guidance documents” that shut down the grant program.

Judge Recommends Approval Of Settlement For 367 Plaintiffs In Jet Fuel Water Case

HONOLULU — A federal magistrate judge in Hawaii on June 12 recommended approval of the U.S. government’s petition for a good faith determination of a settlement with 367 plaintiffs for amounts ranging from $5,000 to $27,000 in two consolidated lawsuits related to groundwater contamination from a jet fuel spill at the Pearl Harbor Naval Base. The same day, the plaintiffs filed a response in support of the government’s petition, and nonsettling parties filed a statement incorporating their prior brief filed in opposition to a separate-but-related settlement.

4th Circuit: Disputed Claim Related To Earlier Claim Against Laboratory Insured

RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals vacated a lower federal court’s ruling in favor of a defendant insurer in a plaintiff insurer’s lawsuit seeking a declaratory judgment that it has no duty to defend or indemnify a laboratory against an underlying lawsuit alleging that it used improper collection and testing methods and reported false positive drug tests, holding that the underlying action is “related” to an earlier claim that triggers coverage under the plaintiff insurer’s professional liability insurance policy.

11th Circuit Certifies Question To 2 State High Courts In Opioid Coverage Disputes

ATLANTA — Ruling on two appeals challenging lower federal courts’ rulings in favor of insurers in coverage disputes arising from the opioid epidemic, the 11th Circuit U.S. Court of Appeals on June 11 certified a question asking the Georgia and Florida supreme courts to decide whether the insurance policies at issue require the insurers to defend and/or indemnify their insureds against the underlying opioid lawsuits.

7th Circuit Finds Attorneys Did Not Comply With Order, Affirms Denial Of Fees

CHICAGO — A Seventh Circuit U.S. Court of Appeals panel affirmed the denial of a motion for attorney fees filed by a plaintiff’s lawyers after a settlement was reached and attorney fees awarded in a multidistrict litigation because a case management order and class counsel’s motion for attorney fees clearly stated that the plaintiff’s counsel could not seek an award for any pre-MDL time.

LATEST NEWS

3rd Circuit Vacates $3.7M Attorney Fee Award In BMW Engine Case for Second Time
Judge Denies Pair Of Motions Challenging Dementia Patient’s Asbestos Affidavit
Louisiana Anti-Arbitration Law Led To Circuit Split, Insurers Tell High Court
Pollution Exclusion Ruling Applies Retroactively, Illinois Judge Determines
Split 1st Circuit Revives Copyright Suit Against Ricky Martin For Discovery Errors
Insured Says Stay Of Silica Suit Should Be Limited To Indemnity, Bad Faith Claims
4th Circuit: Discovery Delays Rightly Led To Excluded Copyright Damages Evidence
Pollution Exclusion Bars Coverage For Mold Exposure Suit, Insurer Says
Bad Faith Suit Stemming From Handling Of Collapse Claim Can Proceed, Panel Says
Pennsylvania Panel Lets Discovery Order Concerning IOLTA Account Stand
New Mexico High Court: WDA Appointment Doesn’t Grant Subpoena Power
9th Circuit Won’t Revisit Ruling On Jack In The Box Workers’ Meal Break Pay
Judge Adopts R&R Dismissing Subcontractor’s Suit Over Remediation Costs
CGL Insurer Asks 11th Circuit To Reconsider Appeal In Sex Trafficking Coverage Suit
Split Panel Affirms $108M Award Against Venezuela Despite Leadership Change
U.S. High Court Won’t Review Dismissal Of Appeal In Anti-SLAPP Online Review Row
11th Circuit: Insurer’s Motion To Intervene In Sex Trafficking Lawsuit Was Untimely
Life Insurer Seeks To Void $1M Policy For Misrepresentations About Nicotine Use
S.C. Federal Judge Vacates EPA Guidance Shuttering Environmental Grant Program
Judge Lifts Stay On Expert Motions, Parties Challenge Decree In Ohio Train Case
6th Circuit Vacates Fee Award In Lending Class Dispute, Remands For Recalculation
Breach Of Contract Claim To Proceed In Storm Damage Dispute, Magistrate Judge Says
Judge Recommends Approval Of Settlement For 367 Plaintiffs In Jet Fuel Water Case
Judge Approves Settlement Worth $12.8M In Emissions Warranty Class Suit
Breach Of Contract Claim Against Life Insurer Dismissed; Bad Faith Claim Continues
No Coverage Owed For Fire Damage To Insureds’ Home, Federal Judge Says
Breach Of Contract Claim Will Proceed In Water Damage Coverage Suit, Judge Says
Bad Faith Claim Fails; Insurer Quickly Attempted To Resolve Auto Claim, Judge Says
Insurers Seek Rehearing In Dispute Over Coverage For Fire During Renovation
Clinic Owner Urges Court To Deny Motion To Compel In State Farm RICO Suit