Split Panel Affirms $108M Award Against Venezuela Despite Leadership Change
WASHINGTON, D.C. — A split District of Columbia Circuit U.S. Court of Appeals panel on June 12 affirmed the confirmation of a Permanent Court of Arbitration (PCA) arbitral award against the Bolivarian Republic of Venezuela worth more than $108 million in favor of a Barbadian oil and gas investor, while one judge dissented because the tribunal allowed Venezuela to be represented by President Nicolás Maduro at a time when the United States recognized the country as led by Juan Guaidó.
U.S. High Court Won’t Review Dismissal Of Appeal In Anti-SLAPP Online Review Row
WASHINGTON, D.C. — The U.S. Supreme Court on June 15 denied a petition for writ of certiorari filed by a digital marketing agency and its owner seeking review of an appellate court’s dismissal of an interlocutory appeal of a lower court order denying a motion to strike under the California anti-SLAPP statute.
11th Circuit: Insurer’s Motion To Intervene In Sex Trafficking Lawsuit Was Untimely
ATLANTA — The 11th Circuit U.S. Court of Appeals dismissed an insurer’s appeal challenging a lower federal court’s denial of its motion to intervene in a lawsuit alleging that its hotel owner insured violated the Trafficking Victims Protection Reauthorization Act (TVPRA), holding that the lower court did not abuse its discretion in determining that the insurer’s motion to intervene was untimely.
S.C. Federal Judge Vacates EPA Guidance Shuttering Environmental Grant Program
CHARLESTON, S.C. — A South Carolina federal judge granted partial summary judgment to several community groups and cities on remand, finding that the U.S. Environmental Protection Agency’s decision to terminate a series of environmental grants that aimed to help disadvantaged communities address climate challenges and ongoing pollution was unlawful under the Administrative Procedure Act (APA) and vacating “guidance documents” that shut down the grant program.
Judge Recommends Approval Of Settlement For 367 Plaintiffs In Jet Fuel Water Case
HONOLULU — A federal magistrate judge in Hawaii on June 12 recommended approval of the U.S. government’s petition for a good faith determination of a settlement with 367 plaintiffs for amounts ranging from $5,000 to $27,000 in two consolidated lawsuits related to groundwater contamination from a jet fuel spill at the Pearl Harbor Naval Base. The same day, the plaintiffs filed a response in support of the government’s petition, and nonsettling parties filed a statement incorporating their prior brief filed in opposition to a separate-but-related settlement.
4th Circuit: Disputed Claim Related To Earlier Claim Against Laboratory Insured
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals vacated a lower federal court’s ruling in favor of a defendant insurer in a plaintiff insurer’s lawsuit seeking a declaratory judgment that it has no duty to defend or indemnify a laboratory against an underlying lawsuit alleging that it used improper collection and testing methods and reported false positive drug tests, holding that the underlying action is “related” to an earlier claim that triggers coverage under the plaintiff insurer’s professional liability insurance policy.
11th Circuit Certifies Question To 2 State High Courts In Opioid Coverage Disputes
ATLANTA — Ruling on two appeals challenging lower federal courts’ rulings in favor of insurers in coverage disputes arising from the opioid epidemic, the 11th Circuit U.S. Court of Appeals on June 11 certified a question asking the Georgia and Florida supreme courts to decide whether the insurance policies at issue require the insurers to defend and/or indemnify their insureds against the underlying opioid lawsuits.
7th Circuit Finds Attorneys Did Not Comply With Order, Affirms Denial Of Fees
CHICAGO — A Seventh Circuit U.S. Court of Appeals panel affirmed the denial of a motion for attorney fees filed by a plaintiff’s lawyers after a settlement was reached and attorney fees awarded in a multidistrict litigation because a case management order and class counsel’s motion for attorney fees clearly stated that the plaintiff’s counsel could not seek an award for any pre-MDL time.
Japanese Alcohol Settlement, Attorney Fees Get Final Approval From Magistrate Judge
SAN FRANCISCO — A California federal magistrate judge on June 11 granted final approval to a settlement of class claims against a California company accused of deceptively marketing its domestic Japanese-style sake as originating in Japan in violation of California’s unfair competition law (UCL), with the company agreeing to change its labels and the plaintiff’s attorneys awarded fees and costs totaling $645,000.
PTAB Invalidation Of Google Hotword Patent Claims Reversed By Federal Circuit
WASHINGTON, D.C. — In a win for Google LLC, a Federal Circuit U.S. Court of Appeals panel reversed two final written decisions in which the U.S. Patent Trial and Appeal Board (PTAB) found that multiple claims in two patents related to using spoken words to wake up a sound-enabled device were invalid as anticipated or obvious by prior art; the panel held that PTAB lacked substantial evidence to support its finding that a prior art reference disclosed the claims at issue.
Federal Circuit Affirms Password Patent Claim Construction In Win For Bank
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on June 11 affirmed a Texas federal judge’s dismissal of a patent holder’s infringement suit against Bank of America Corp. and a related entity with prejudice, holding that the banking entities’ password technology did not meet a properly construed claim limitation central to the patent at issue.