Federal Judge Nixes Bulk Of Extracontractual Claims In Storm Damage Coverage Suit
DALLAS — In a ruling on a motion for summary judgment, a Texas federal judge “largely” dismissed extracontractual claims brought by a homeowner against her insurer in a dispute over payment for alleged damages from a hailstorm but kept alive claims for breach of contract, failure to affirm or deny coverage within a reasonable time, delayed payment of insurance benefits and associated statutory damages and deceptive trade practices based on state insurance code violations.
$725.5M Judgment For Husband And Wife In Benzene Exposure Case Upheld
PHILADELPHIA — A split Pennsylvania appeals court on Oct. 15 affirmed a trial court’s $725 million judgment for a service station worker diagnosed with acute myeloid leukemia (AML) and $500,000 for the man’s wife after a jury determined that Exxon Mobil Corp.’s predecessor in interest manufactured and sold defective gasoline containing benzene.
11th Circuit: 1st Amendment Facial Challenge Fails In Minors’ Social Media Law Row
ATLANTA — The 11th Circuit U.S. Court of Appeals on Oct. 15 vacated a lower court’s preliminary injunction preventing enforcement of a Georgia statute designed to regulate minors’ access to social media and remanded, finding that while internet trade association NetChoice had associational standing to challenge the law’s validity on its members’ behalf, it did not “carry the burden it bears in connection with its facial First Amendment challenge under Moody v. NetChoice, LLC, 603 U.S. 707 (2024), or show likelihood of success on the merits regarding the vagueness challenge to the Communications Decency Act.”
Judge Finds Jurisdiction Over Laos’ Bid To Enforce $5M Awards Against ‘Alter Egos’
SAIPAN, Northern Mariana Islands — A judge in the U.S. District Court for the District of Northern Mariana Islands on Oct. 15 issued two orders denying two investment entities’ motions to dismiss a petition filed against them by the Government of the Lao People’s Democratic Republic (GOL), which is seeking to enforce arbitral awards against the entities and affiliated individuals and companies worth more than $5 million in attorney fees and arbitration costs, ruling that the court has general jurisdiction over the entities under GOL’s alter ego theory.
Montana High Court Questions Review Board’s Jurisdiction Over Attorney Fee Petition
HELENA, Mont. — The Montana Supreme Court is considering whether the Montana Board of Environmental Review has jurisdiction in an administrative proceeding under the Montana Strip and Underground Mine Reclamation Act to award attorney fees against conservation groups that the board found acted in bad faith in order to harass a mining company.
California Supreme Court Won’t Review Barretts Affiliates’ Jurisdiction Rows
SACRAMENTO, Calif. — The California Supreme Court denied a pair of petitions for review on Oct. 14, turning away challenges from nondebtor affiliates of Barretts Minerals Inc. that claimed they were not subject to personal jurisdiction in two California asbestos cases, according to the court’s docket.
11th Circuit Reverses Injunction That Prevents Fla. Social Media Law Enforcement
ATLANTA — The 11th Circuit U.S. Court of Appeals on Oct. 14 reversed a lower court’s preliminary injunction as to challenges by Computer & Communications Industry Association (CCIA) and NetChoice regarding their members and vacated the injunction with respect to their facial First Amendment challenge to a Florida law that seeks to regulate access to certain social media platforms for Florida youths, finding that the law “is likely constitutional as applied” to their members.
Judge Won’t Dismiss Class Suit Against Ginger Ale Maker Over Natural Flavor Claims
SAN DIEGO — A California federal judge on Oct. 14 denied a ginger ale maker’s motion to dismiss a putative class action lawsuit brought by a consumer who says its ginger ales are misrepresented as “natural” and in fact allegedly contain synthetic citric acid, in violation of California’s unfair competition law (UCL), finding that the plaintiff’s claims were sufficiently pleaded and not preempted.
COVID Vaccine Mandate Dispute With Company Set For Conference In High Court
WASHINGTON, D.C. — After the U.S. Supreme Court’s prior denial of certiorari in a putative class suit alleging wrongful termination related to former employees’ refusal to get the COVID-19 vaccine, a similar petition for certiorari by the employees in their individual capacities on Oct. 14 was distributed for conference; in the instant suit, the Fourth Circuit U.S. Court of Appeals affirmed a lower court’s dismissal of the employees’ suit.
Iowa, 7 Other States Sue OpenAI, Say It Misrepresented ChatGPT Safety
DES MOINES, Iowa — OpenAI entities advertise their ChatGPT as safe, even as the artificial intelligence product hands out dangerous medical advice and encourages users to harm themselves and others, Iowa says in an Oct. 14 consumer protection lawsuit filed at the same time as seven other states launched similar actions.
High Court Hears Arguments On Statutory Interpretation Of ‘Consumer’ Under VPPA
WASHINGTON, D.C. — The Video Privacy Protection Act’s (VPPA) reach is not limited to video-related services, the attorney representing a California man who brought a putative class complaint regarding data sharing against Paramount Global under the VPPA argued Oct. 14 before the U.S. Supreme Court in a case debating the meaning of “consumer” under the act.