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5th Circuit Reverses Dismissal With Prejudice Of Hurricane Ida Coverage Dispute

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 25 reversed a lower federal court’s ruling that a plaintiff lacked standing to sue an insurer for breach of contract and bad faith in a coverage dispute over property damage that was caused by Hurricane Ida, finding that the plaintiff might be able to plead plausible facts to support her third-party beneficiary status.

7th Circuit: Judge Wrong To Reject Profits Disgorgement In Counterfeit Dyson Case

CHICAGO — A federal judge in Illinois was wrong to deny a request by Dyson Technology Ltd. for damages based on e-commerce profits from sales of counterfeited goods, a panel in the Seventh Circuit U.S. Court of Appeals held March 25, saying the judge’s order conflicts with the statutory guidelines under the Lanham Act.

Federal Circuit Affirms Dismissal Of Patent, False Ad Claims In Tape Case

WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals largely affirmed an Ohio federal judge’s finding that a patent describing a floor-marking tape product was anticipated by a prior art reference and the judge’s decision to grant summary judgment in favor of defendant entities on false advertising claims.

5th Circuit Affirms Ruling In Insurer’s Favor In Winter Storm Uri Coverage Dispute

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals concluded that because insureds have recovered their insurance policy benefits in full through the insurer’s payment of the appraisal award and statutory interest, they cannot recover bad faith damages in their lawsuit arising from damage caused by winter storm Uri.

Supreme Court:  ATF May Treat ‘Ghost Gun’ Parts As Firearms Under Gun Control Act

WASHINGTON, D.C. — A divided U.S. Supreme Court on March 26 reversed a Fifth Circuit U.S. Court of Appeals ruling invalidating a rule promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), effectively broadening the Gun Control Act’s (GCA) definition of “firearm” to include parts of “ghost guns,” which can readily be assembled into weapons but, before the rule, were considered by some manufacturers to not require serial numbers or a firearms background check before sale.

U.S. Supreme Court Hears Venue Arguments In Cross-State Ozone Pollution Cases

WASHINGTON, D.C. — During oral arguments in two consolidated cases heard March 25 by the U.S. Supreme Court, an attorney representing Oklahoma and Utah contended that according to a specific part of the Clean Air Act (CAA), challenges to the U.S. Environmental Protection Agency’s disapproval of state implementation plans for new air quality standards are “locally or regionally applicable,” but the EPA argued that the statute says otherwise.

EPA, Refineries Debate Proper Venue For CAA Fuel Standards Rule In High Court  

WASHINGTON, D.C. — The U.S. Supreme Court on March 25 heard competing arguments as to whether the venue for several small oil refineries' challenges to the U.S. Environmental Protection Agency’s denial of requests for exemption from the Clean Air Act’s (CAA’s) Renewable Fuels Standards (RFS) program lies exclusively in the District of Columbia Circuit U.S. Court of Appeals because the agency's denial actions are “nationally applicable” or “based on a determination of nationwide scope or effect.”

Supreme Court: No Certiorari In Dispute Over Amazon’s Patent Evaluation Process

WASHINGTON, D.C. — The U.S. Supreme Court rejected on March 24 a patent holder’s petition for a writ of certiorari, leaving in place a finding from the Federal Circuit U.S. Court of Appeals that the initiation of an evaluation under the Amazon Patent Evaluation Express (APEX) system — which triggers the potential removal of an allegedly infringing product listing from Amazon.com if a seller fails to respond — constitutes a purposeful direction of activities at the seller’s forum state sufficient to confer specific personal jurisdiction.

Another ERISA Drug Costs Complaint Dismissed For Lack Of Standing

MINNEAPOLIS — Ruling that the plaintiffs lack standing because they “are unable to show concrete individual harm, causation, and redressability,” a Minnesota federal judge on March 24 dismissed the initial complaint without prejudice in a putative Employee Retirement Income Security Act class action over alleged mismanagement of prescription drug benefits.

Relief From Final Judgment In Wastewater Coverage Suit Not Warranted, Judge Says

JACKSON, Miss. — A Mississippi federal judge on March 24 denied an insured’s motion for relief from final judgment after determining that a recent jury verdict in a criminal case related to illegally discharged wastewater by the insured does not change the fact that the underlying suit filed against the insured alleged intentional acts, which are excluded under the pollution liability policy at issue.

Pollution Exclusions Relieve Insurers Of Duty To Defend In Freon Leak Lawsuits

AUGUSTA, Ga. — Primary and excess insurers have no duty to defend their insured against two underlying lawsuits arising out of a Freon leak that caused the death of an underlying claimant and required the evacuation of an events arena because the policies’ pollution exclusions clearly bar coverage for the Freon leak, a Georgia federal judge said March 24.

LATEST NEWS

5th Circuit Reverses Dismissal With Prejudice Of Hurricane Ida Coverage Dispute
7th Circuit: Judge Wrong To Reject Profits Disgorgement In Counterfeit Dyson Case
Federal Circuit Affirms Dismissal Of Patent, False Ad Claims In Tape Case
Plaintiffs Drop 1 YouTube AI Training Suit, Let State Law Claims Be Dismissed
U.S. Supreme Court Denies Assignee’s Petition Seeking Review Of Coverage Suit
Policy’s ‘Changes In Exposure’ Provision Bars Coverage, 3rd Circuit Affirms
5th Circuit Affirms Ruling In Insurer’s Favor In Winter Storm Uri Coverage Dispute
Justice: J&J Successors Can’t Escape Rhode Island Asbestos-Talc Suit
Seal Motions Granted In Computer Fraud Row Between Spyware Firm And WhatsApp
Supreme Court:  ATF May Treat ‘Ghost Gun’ Parts As Firearms Under Gun Control Act
Plaintiffs Oppose Stay Of DOGE Injunction During Agencies’ 4th Circuit Appeal
Ex-NFL Player To 5th Circuit: Dismiss Fee Award Appeal In Disability Benefits Row
U.S. Supreme Court Hears Venue Arguments In Cross-State Ozone Pollution Cases
Report Adopted, Dismissal Denied In $300M Class Ponzi Suit Against Wells Fargo
Class Claims For School’s Nondisclosure Of Sexual Misconduct Fail, Panel Says
EPA, Refineries Debate Proper Venue For CAA Fuel Standards Rule In High Court  
11th Circuit Affirms Insurer Owes No Coverage For Subcontractors’ Faulty Work
4th Circuit Stays Mandate, Weighs Petition For Rehearing En Banc In PFAS Case
U.S. To Pay $250K To Aerospace Company In California Airport Pollution Dispute
AI Chatbot Is A Product, Outputs Not Protected Speech, Mother Contends
Magistrate Judge: Motion To Dismiss Should Be Granted In Medical Device Case
Judgment Granted For Insurer In Row Over $1M Life Policy Rescission For DUI Denial
U.S. High Court Refuses To Review Professional Liability Coverage Dispute
Judge: Underpaid Royalties, Trespass Claims Survive In Mineral Rights Case
Judge Denies Bid To Remand Lease Approval Decision In Offshore Drilling Dispute
Supreme Court: No Certiorari In Dispute Over Amazon’s Patent Evaluation Process
School Districts, Unions Sue Seeking To Halt 'Dismantlement' Of DOE
Another ERISA Drug Costs Complaint Dismissed For Lack Of Standing
ICSID Denies Mining Investors’ Request For Stay Of $10M Award To Romania
Judge Approves Settlement Of Consolidated Privacy Suit Over Photo Database