Mealey Publications™

TOP STORIES

Supreme Court Won’t Hear Copyright Arguments Over Lil Nas X Photos

WASHINGTON, D.C. — The U.S. Supreme Court on March 2 rejected an artist’s petition for a writ of certiorari, declining to hear the artist’s argument that the Ninth Circuit U.S. Court of Appeals wrongly held that copyrightability is a pure question of law when it upheld a California federal judge’s dismissal of infringement claims brought against singer and rapper Lil Nas X.

U.S. Will Argue In Review Of 5th Circuit’s Postmarked Ballot Receipt Law Ruling

WASHINGTON, D.C. — In a case in which the U.S. Supreme Court will review a Fifth Circuit U.S. Court of Appeals panel decision striking down a COVID-era Mississippi state law providing that mail-in ballots postmarked by Election Day may be received by the registrar within five days of Election Day and still be valid, the court on March 2 granted the U.S. solicitor general’s motion to participate in oral argument as amicus curiae and for divided argument, while denying two separate motions by other respondents for divided argument.

U.S. To Pay $3.9M To North Carolina Superfund Site Owners To Settle CERCLA Suit

ASHEVILLE, N.C. — The owners of a North Carolina Superfund site contaminated with hazardous substances following decades of weapons and chemical manufacturing operations struck an agreement with the United States in a federal court to drop their claims seeking reimbursement for cleanup costs pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 in exchange for a $3.9 million payment.

Supreme Court Denies Petition In AI Art Copyright Case

WASHINGTON, D.C. — An artist’s attempt to copyright an artificial intelligence-generated piece of art appears doomed after the U.S. Supreme Court on March 2 denied his petition for a writ of certiorari in which he argued that the Copyright Act does not impose a human authorship requirement.

Insured’s Breach Of Contract Claim In Asbestos Dispute Should Proceed, Panel Says

CINCINNATI — The Sixth Circuit U.S. Court of Appeals vacated and remanded a district court’s decision to grant a motion to dismiss an insured’s amended complaint seeking coverage for underlying asbestos liabilities, determining that the insured adequately states a claim for breach of contract.

Delaware Judge: Social Media Litigation Does Not Trigger Insurers’ Duty To Defend

WILMINGTON, Del. — A Delaware judge granted primary insurers’ motion for partial summary judgment in their declaratory judgment lawsuit brought against Instagram LLC and Meta Platforms Inc. (collectively, Meta), ruling that the insurers have no duty to defend against several thousand lawsuits alleging that Meta’s platforms caused harm to children because none of the underlying allegations “whether express, inferable, or extrinsic—support a conclusion that Meta’s conduct was accidental.”

5th Circuit Affirms Standard Of Review, Denial Of ERISA Severance Benefits

NEW ORLEANS — Distinguishing a sister circuit’s ruling that upheld an award of benefits under the same Employee Retirement Income Security Act severance plan following de novo review, the Fifth Circuit U.S. Court of Appeals in an unpublished opinion agreed with the lower court that the abuse-of-discretion standard applies and substantial evidence supported denial of benefits under the plan’s “good reason” clause.

High Court Refuses To Hear Appeal Bond Issue Pertaining To Ohio Train Derailment

WASHINGTON, D.C. — The U.S. Supreme Court on March 2 denied review of a petition filed by a group of individuals who objected to the $600 million class action settlement in the Ohio train derailment lawsuit and appealed a lower court’s requirements pertaining to an appeal bond in that litigation.  The petitioners had argued that “the notion an appeal bond must be separately appealed, and cannot be challenged by motion within the appeal to which it relates, represents a split of authority among circuits.”

Supreme Court Refuses To Hear States’ Appeal Of Remand Ruling In AFFF Case

WASHINGTON, D.C. — The U.S. Supreme Court on March 2 denied review in the appeal brought by the states of Maryland and South Carolina, which had argued that the Fourth Circuit U.S. Court of Appeals wrongly reversed lower courts’ orders remanding their respective injury lawsuits against the 3M Co. related to exposure to the firefighting agent known as aqueous film forming foam (AFFF).

Parties Seek High Court Review Of Ruling Related To $600M Ohio Train Settlement

WASHINGTON, D.C. — A group of individuals who objected to the $600 million class action settlement in the Ohio train derailment lawsuit and appealed the district court’s requirements related to an appeal bond have filed a petition for review in the U.S. Supreme Court, arguing that “the notion an appeal bond must be separately appealed, and cannot be challenged by motion within the appeal to which it relates, represents a split of authority among circuits.”  The petitioners also argue that the issue involves a “misuse” of the Federal Rules of Appellate Procedure.

U.S. Government Moves To Participate In ‘Skinny Label’ High Court Arguments

WASHINGTON, D.C. — The United States government on Feb. 25 filed a motion to participate in oral arguments before the U.S. Supreme Court when it considers arguments from a bioequivalent pharmaceutical maker that a patent holder’s complaint failed to state a claim for induced infringement because the “skinny label” generic version of the patent carved out the patented cardiovascular use of the drug; the government’s motion was filed a day after it filed an amicus curiae brief in support of the petitioner entity.

LATEST NEWS

Groups Revive Case Against Federal Agencies Alleging Arctic Fracking Violations
Premises Endorsement Limits Liability To Injuries That Occurred At Insured’s Tavern
Amici File More Than 3 Dozen Briefs In Support Of Birthright Citizenship
Validity Of ‘Texas Two-Step’ Asbestos Bankruptcy Cases Presented To Supreme Court
N.J. Appeals Panel Reverses Dismissal, Arbitration Denials In Used Car Fraud Suit
Judge Overrules Magistrate’s Report In Cryptocurrency ‘Pig Butchering Scam’ Suit
Amici To High Court In Merits Briefs: Rule Geofence Warrant Unconstitutional
Judge Confirms Swiss Tribunal’s $568K Award In Dietary Supplement Dispute
Judge Dismisses Complaint Alleging Abbott Shared Medical Data With Google, Meta
Magistrate Judge Grants Preliminary OK To Japanese Alcohol Labeling Settlement
Supreme Court Won’t Hear Copyright Arguments Over Lil Nas X Photos
Judge Gives Final Approval To $7.75M Settlement In Stock-Drop Class Action
9th Circuit Denies Quick Win To Roblox Players’ Parents On Arbitration Dispute
Federal Judge Says Abstention Warranted In Insurer’s Asbestos Adversary Proceeding
Federal Circuit: Factual Questions Remain In Patent Monopolization Dispute
Utility Companies, Texas City To Pay Over $1M To Settle CERCLA Contamination Suit
Citing ‘Near Certain Harm’ If Pipeline Were Shut Down, Judge Stays Injunction
U.S. Will Argue In Review Of 5th Circuit’s Postmarked Ballot Receipt Law Ruling
U.S. To Pay $3.9M To North Carolina Superfund Site Owners To Settle CERCLA Suit
Judge Won’t Dismiss FCA Suit Alleging Fraud, Kickback ‘Scheme’ Against Hospitals
Dissenting Justice: N.Y. AI Child Porn Change Shouldn’t Upset Registration Ruling
Supreme Court Denies Petition In AI Art Copyright Case
Insured’s Breach Of Contract Claim In Asbestos Dispute Should Proceed, Panel Says
Fla. Man Files Class Suit Seeking Refunds From FedEx After High Court Tariff Ruling
Delaware Judge: Social Media Litigation Does Not Trigger Insurers’ Duty To Defend
5th Circuit Reverses Award Of Attorney Fees For Work On Unsuccessful Challenge
Judge: Ransomware Sublimit Does Not Limit Insurer’s Liability For Malware Attack
Disability Insurer’s Interpretation Of Plan Terms Wins In COLA Benefits Dispute
Magistrate Dismisses Coverage Dispute Over Negligence Claims Against Mutual Insured
Broken Glass Counts As A Pollutant, New Jersey Federal Judge Determines