Mealey Publications™

TOP STORIES

Summary Judgment Bid Fails In ERISA Row Focused On Fund Managers’ ESG Efforts

FORT WORTH, Texas — A bench trial is scheduled to start June 24 in a high-profile class action over environmental, social and governance (ESG) considerations and the purported proxy voting activism of investment management firms, with a Texas federal judge denying the defendants’ summary judgment motion on June 20.

Panel Reverses Ruling In Insurer’s Favor In Bad Faith Suit Over Hurricane Damage

WEST PALM BEACH, Fla. — A Florida appeals panel on June 20 held that an insurer waived its right to contest the validity of an insured’s Civil Remedy Notice of Insurer Violations (CRN) in the insured’s bad faith lawsuit arising from her hurricane water damage claim, reversing a lower court’s judgment in favor of the insurer and remanding.

Louisiana Panel Affirms Default Judgment, Bad Faith Penalty Award Against Insurer

LAKE CHARLES, La. — A trial court did not err in awarding insureds bad faith damages and attorney fees as part of a default judgment against a homeowners insurer in a coverage dispute over hurricane damages because the homeowners insurer failed to make payment within 30 days of receiving satisfactory proof of loss, a panel of the Third Circuit Louisiana Court of Appeal said June 20.

Mexico Urges Tribunal To Dismiss Noteholders’ $219M NAFTA Claim As Improper

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on June 20 published the United Mexican States’s memorial on jurisdiction demanding the dismissal on various procedural grounds of a pending arbitration brought against it by two American entities that claim that they were improperly barred from obtaining payment for debt securities worth more than $219 million.

Golden Corral Employees File Consolidated Complaint Over 2023 Data Breach

RALEIGH, N.C. — One month after six lawsuits against Golden Corral Corp. were consolidated in North Carolina federal court, a group of its present and former employees on June 20 filed a consolidated complaint alleging that the restaurant chain acted negligently by not properly protecting their personally identifiable information (PII) from a data breach that they assert could have been avoided if the company had employed proper security measures.

California Urges High Court To Not Review Arbitrability Of Uber, Lyft Wage Claims

WASHINGTON, D.C. — California on June 20 filed a brief to the U.S. Supreme Court opposing petitions for writs of certiorari filed by Uber Technologies Inc. and Lyft Inc., arguing that a state appellate court properly affirmed the denial of Uber and Lyft’s attempt to compel arbitration of state officials’ lawsuits against them for allegedly misclassifying drivers in violation of California’s unfair competition law (UCL).

On Remand, Panel Applying New Precedent Dismisses Fraud Claims In Engle Case

MIAMI — A Florida appellate panel applying new Florida Supreme Court precedent holding that Engle plaintiffs must prove individualized detrimental reliance to prevail on fraud claims reversed a previously affirmed ruling on fraud claims in favor of a dead smoker’s estate and ordered a jury verdict reduced from $2.4 million to approximately $1.7 million.

Claim Construction In Communications Patent Case Was Proper, Federal Circuit Says

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel affirmed the Patent Trial and Appeal Board’s (PTAB) claim construction in a dispute over certain methods for controlling transmission power in communication systems and found that the PTAB correctly gave the claim language its plain meaning.

Landowner’s Flawed Reading Of Sackett Dooms Preliminary Injunction In CWA Row

RALEIGH, N.C. — A property owner is not entitled to a preliminary injunction that would prevent the Environmental Protection Agency and the Army Corps of Engineers from enforcing a new amended rule that extends the protection of the Clean Water Act (CWA) to certain wetlands because the owner failed to show that the rule was at odds with the U.S. Supreme Court’s definition of protected wetlands in Sackett v. EPA, a North Carolina federal judge found in denying the owner’s motion for a preliminary injunction.

Judgment Denied For Insurer Over $3.8M Settlement Owed To Murdaugh Housekeeper Heirs

CHARLESTON, S.C. — A South Carolina federal judge denied summary judgment to an insurer seeking a declaratory judgment that it is entitled to recover the $3.8 million settlement paid to settle a claim brought by the estate of Alex Murdaugh’s former housekeeper, which the estate never received due to the purported fraud of Murdaugh and his alleged conspirators, finding that the federal court lacks jurisdiction to invalidate a state court-approved settlement.

J&J Says Talc Plaintiffs Lack Power, Precedent To Block Bankruptcy

TRENTON, N.J. —Talc plaintiffs waited too long to raise meritless claims of allegedly fraudulent corporate restructurings and lack the power to ask a district court to prevent a bankruptcy filing, Johnson & Johnson (J&J) and related entities tell a federal court in New Jersey in opposing injunctive relief.

LATEST NEWS

Women Drops Claims Game Makers Used AI To Addict Minors
Pharmacy Will Pay $515,000 To Settle EEOC’s Disability, Genetic Info Bias Lawsuit
Stalking Victims Defend UCL Claims Against Apple Over AirTag Use
Summary Judgment Bid Fails In ERISA Row Focused On Fund Managers’ ESG Efforts
Louisiana Court Affirms Jury’s $2.75M Asbestos Awards To Daughters
Panel Reverses Ruling In Insurer’s Favor In Bad Faith Suit Over Hurricane Damage
Judge Deems $200,000 Life Policy Void For Insured’s Health Misrepresentations
Louisiana Panel Affirms Default Judgment, Bad Faith Penalty Award Against Insurer
Mexico Urges Tribunal To Dismiss Noteholders’ $219M NAFTA Claim As Improper
Golden Corral Employees File Consolidated Complaint Over 2023 Data Breach
Judge: Exclusion Does Not Apply To Coverage Claim Arising From Nashville Bombing
Extracontractual Claims Alleged Against Auto Insurer Cannot Proceed, Judge Says
California Urges High Court To Not Review Arbitrability Of Uber, Lyft Wage Claims
Claimant Failed To Meet Burden Of Showing He Is Disabled From Own Occupation
Disability Suit Dismissed For Failure To Timely File Suit, Exhaust All Benefits
Fact Issue Exists On Roofing Company’s Intent To Transfer Warranty, Court Says
German Companies Claim Microsoft Infringed Patents Through Its AI Infrastructure
Judge Allows Minors’ Data Collection Claims Against Google And Subsidiaries
TRO Extended In RICO, Fraud Suit Involving Reinsurer’s Parent Company
On Remand, Panel Applying New Precedent Dismisses Fraud Claims In Engle Case
Termination Of Benefits Under Any-Occupation Standard Was Reasonable, Judge Says
Experts Can Testify In Car Accident Case; Arguments ‘Fodder For Cross-Examination’
Asbestos Expert Warns: Employee Deposition Threatens His ‘Golden Years’
Jackson Walker Says Trustee’s Request To Return Fees Not Supported By Law
No Error In Expert’s Testimony In Fatal Arson Case,10th Circuit Says
$72M Judgment Entered Against Chinese Company For Source Code Misappropriation
Revised $195,000 Class Deal Gets Initial OK In Suit Alleging Fraudulent Policies
10th Circuit Affirms Summary Judgment For Servicers Over Disputed Mortgage Status
Insurer In Rehab Gets Stay In Breach Of Contract Suit Against Investment Firm
Claim Construction In Communications Patent Case Was Proper, Federal Circuit Says