Spain Tells D.C. Circuit 6 ICSID Awards Against It Were Wrongly Confirmed
WASHINGTON, D.C. — The Kingdom of Spain on Oct. 7 filed an appellant brief with the District of Columbia Circuit U.S. Court of Appeals in consolidated appeals in which it is challenging the confirmation of six arbitral awards against it, writing that D.C. Circuit precedent regarding its agreement to arbitrate disputes under the Energy Charter Treaty (ECT) with European Union investors is wrong and urging the court to overrule that precedent.
DNC Alleges OMB Diverted $20M In CBP Commemorative Funds For Trump Political Ads
WASHINGTON, D.C. — The Democratic National Committee (DNC) on Oct. 7 sued President Donald J. Trump, the White House Office, the Office of Management and Budget (OMB) and the U.S. Department of Homeland Security (DHS), asserting that in order to pay for political ads, OMB diverted $20 million in commemorative funds appropriated to U.S. Customs and Border Protection (CBP) in violation of the Administrative Procedure Act (APA).
Federal Circuit Panel Rejects Rehearing Bid After Nullifying Jury Patent Ruling
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Oct. 7 rejected a petition for panel rehearing from the Board of Regents of the University of Texas System (UT), leaving in place the panel’s July ruling that a technology company was entitled to a judgment as a matter of law (JMOL) in its favor in a dispute over a patent describing a biodegradable fiber implant. The ruling reversed a Delaware federal jury’s findings in favor of the patent holder because a prior art patent disclosed every asserted claim of the patent at issue.
9th Circuit Says City, Officials Immune Under PREP Act In COVID Policies Row
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed a lower court’s dismissal and denial of reconsideration in an employee’s suit against the city of Pasadena, Calif., and specified city officials, alleging harm for the city’s policy requiring unvaccinated employees to complete weekly COVID testing and wear masks in shared spaces, finding that the appellees are immune under the Public Readiness and Emergency Preparedness (PREP) Act.
High Court Hears Arguments In Guam Beach Hazardous Waste Disposal Dispute
WASHINGTON, D.C. — The U.S. Supreme Court heard oral arguments on Oct. 7 in a dispute between the U.S. Air Force and a Guam-based nonprofit over the Air Force’s continued open detonation of hazardous waste munitions at Tarague Beach in Guam, with the parties arguing first about whether the Air Force’s Resource Conservation and Recovery Act (RCRA) permit renewal application for the work is a final agency action subject to review under the Administrative Procedure Act (APA), and second about whether the RCRA displaces the more general environmental review requirement of the National Environmental Policy Act (NEPA).
Judge Grants Preliminary Injunction In Dispute Over Rural Radio Trademarks
PEORIA, Ill. — A federal judge in Illinois granted the Illinois Agricultural Association’s (IAA) motion for a preliminary injunction in its second trademark infringement case against a media group focusing on content for rural listeners, finding that IAA is likely to succeed on its claims that the media group infringed its “RFD” trademarks.
3rd Circuit Affirms Judgment For Insurer In Homicide Victim $500K Life Policy Row
PHILADELPHIA — The Third Circuit U.S. Court of Appeals affirmed a lower court’s ruling granting summary judgment for an insurer in a life insurance policy beneficiary’s breach of contract suit against the insurer for failure to pay out the proceeds of a $500,000 life insurance policy after the death of the insured homicide victim, finding that the purported misrepresentations in the policy application were material.
Panel: Insured Has No Basis To Recover Attorney Fees In Hurricane Ian Coverage Suit
LAKELAND, Fla. — A Florida appeals court panel ruled that an insurer’s payment of its policy limits following an appraisal process that complied with the policy terms did not constitute a “confession of judgment” that entitled the insured to recover his attorney fees under Florida Statutes Section 627.428(1), affirming a lower court’s summary judgment ruling in favor of the insurer in a breach of contract lawsuit arising from Hurricane Ian property damage.
High Court Hears Argument In ERISA Case Concerning Meaningful Benchmarks
WASHINGTON, D.C. — The U.S. Supreme Court heard oral argument on Oct. 6 in an Employee Retirement Income Security Act case concerning whether fund underperformance claims must allege a “meaningful benchmark” to survive dismissal, with retirement plan participants arguing that the Ninth Circuit U.S. Court of Appeals improperly imposed a categorical rule that prohibits a holistic analysis of the allegations and plan fiduciaries and amicus curiae the U.S. government contending that the Ninth Circuit correctly decided that an apples-to-apples comparison is necessary in such cases.
Texas High Court Agrees To Review Exhaustion, Occurrence Ruling In Asbestos Suit
FORT WORTH, Texas — The Texas Supreme Court agreed to review an appellate panel’s ruling that an insurer has a continued duty to defend its insured against underlying asbestos bodily injury lawsuits because the underlying allegations fall within the policies’ premises-operations coverage and the insurer failed to show that its policies have been exhausted.
U.S. Can Offer Arguments In University Workers’ High Court Title IX Sex Bias Case
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 granted a motion filed by the solicitor general of the United States for leave to participate in oral argument as amicus curiae and for divided argument supporting the position of the Board of Regents of the University System of Georgia and Georgia Tech Athletic Association (GTAA) in a case involving sex discrimination suits filed by two former university system employees.