Certiorari Granted In Challenge To COVID-Era Magnet School Lottery Admissions
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 19 granted certiorari in an organization’s challenge of a Montgomery County, Md., magnet middle school’s admissions criteria adopted during the COVID-19 pandemic for an admissions lottery as opposed to in-person testing; the organization asserted that the COVID-era lottery system made it more difficult for Asian-American students in high-performing, low-poverty elementary schools to access the lottery.
High Court Seeks Retiree Responses To 3 Similar ERISA Cert Petitions
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 19 asked retirees to respond to three certiorari petitions filed over two similar rulings that revived putative class suits on the grounds that the Employee Retirement Income Security Act requires the use of “reasonable” actuarial assumptions when calculating certain pension benefits.
9th Circuit Remands Coverage Suit After Arizona High Court Sets Fortuity Standard
PHOENIX — After the Arizona Supreme Court answered a certified question in a case regarding structural damage insurance coverage and set the fortuity standard, a Ninth Circuit U.S. Court of Appeals panel vacated a trial court’s summary judgment ruling for the insurer and remanded the case for further proceedings under the Arizona Supreme Court’s newly articulated standard.
Classes Wrongly Certified In Tesla Self-Driving Suit, 9th Circuit Says
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel vacated a California federal judge’s ruling certifying three classes of drivers suing Tesla Inc. and its affiliates for unfairly marketing cars as having “self-driving” technology in violation of California’s unfair competition law (UCL) and other laws, writing that the lower court “erred by inferring” that an entire class was exposed to allegedly deceptive statements by Tesla regarding the ability of hardware in its cars to provide full self-driving (FSD).
Washington Federal Judge Says Appraisal Of Water Damage Claim Is Appropriate
SEATTLE — A Washington federal judge on Oct. 19 granted a motion to compel appraisal filed by insureds in a water damage coverage dispute, rejecting a homeowners insurer’s argument that appraisal is not appropriate because the parties have not agreed on what needs to be repaired or replaced in the home.
Reconsideration Motion Denied As ‘Moot And Meritless’ In FCA Retaliation Suit
HONOLULU — After previously granting a motion by Abbott Laboratories and related entities to transfer to the U.S. District Court for the District of Minnesota a suit regarding purported retaliation against an employee who was terminated after he reported conduct he believed violated the False Claims Act (FCA), a Hawaii federal judge on Oct. 16 denied as “moot and meritless” the employee’s motion for reconsideration, finding in part that the court lacks jurisdiction over the proceeding because the case has already been transferred.
Summary Judgment Granted Against Company In Tobacco Surcharge Case
JEFFERSON CITY, Mo. — Concluding that health plan participants are entitled to summary judgment on all six claims, a Missouri federal judge on Oct. 16 ordered damages briefing in the class action that is part of a wave of Employee Retirement Income Security Act challenges to health plan tobacco surcharges; he noted that the plaintiffs seek a total of $47,808,402.09 on five claims and $37,647,290.50 on the other claim and that the defendant argues that the second amount would constitute improper duplicative damages.
California Appellate Court Upholds Insurer’s Right To Rescind Contractor’s Policies
SANTA ANA, Calif. — The Fourth District California Court of Appeal, Division Three, affirmed a trial court’s order granting an insurer’s motion for summary judgment seeking a judicial declaration that a contractor’s policy was rescinded because the contractor made material misrepresentations on its application for insurance, finding that the insurer did not waive its statutory right of rescission by not properly investigating a prior claim the contractor had submitted.
High Court Grants, Vacates, Remands Petition In German Litigation Funding Dispute
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 19 granted a petition for a writ of certiorari filed by three litigation funders seeking review of their attempt to arbitrate a discovery dispute with a German claims aggregator, vacated the Third Circuit U.S. Court of Appeals’ ruling finding no jurisdiction over the funders’ attempt to compel arbitration of a discovery application, and remanded the case “for further consideration” in light of recent precedent regarding arbitrability.
U.S. High Court Without Quorum Affirms 5th Circuit Judgment In Copyright Case
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 19 due to lack of a quorum affirmed a Fifth Circuit U.S. Court of Appeals decision to uphold a Louisiana federal judge’s determination that a songwriter and his corporation, and not a music publishing company, own the worldwide copyrights associated with the early rock ‘n’ roll song “Double Shot (Of My Baby’s Love).”
Federal Judge Nixes Bulk Of Extracontractual Claims In Storm Damage Coverage Suit
DALLAS — In a ruling on a motion for summary judgment, a Texas federal judge “largely” dismissed extracontractual claims brought by a homeowner against her insurer in a dispute over payment for alleged damages from a hailstorm but kept alive claims for breach of contract, failure to affirm or deny coverage within a reasonable time, delayed payment of insurance benefits and associated statutory damages and deceptive trade practices based on state insurance code violations.