Dismissal Denied In Marine Coverage Dispute Over Lightning Damage To Yacht
FORT MYERS, Fla. — A Florida federal judge on Aug. 11 denied a motion to dismiss filed by insureds in a marine insurer’s suit seeking a declaration that there is no coverage for lightning damage to a yacht because the insureds allegedly breached the policy’s fraud provision by failing to disclose a prior marine claim for hurricane damage, finding that the insureds’ argument that the policy must be reformed for mutual mistake addresses a fact dispute that courts do not resolve at the dismissal stage of the litigation.
Panel Affirms Judgment In Insurer’s Favor In Wrongful Death Coverage Dispute
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals affirmed a lower federal court’s judgment in favor of an insurer, rejecting the appellant’s argument that the lower court erred in declining to stay the coverage dispute pending resolution of postjudgment motions in the underlying wrongful death action and in denying his motion to amend his answer to assert a counterclaim against the insurer.
Judge Says Mark Zuckerberg Must Sit For Deposition In AI Copyright Cases
SAN FRANCISCO — Meta Platforms Inc.’s Mark Zuckerberg must sit for a deposition in consolidated artificial intelligence copyright actions after a federal judge in California denied a motion to quash the apex deposition, according to an Aug. 11 docket entry.
Federal Circuit, Split On Design Patents, Denies Manufacturer’s Rehearing Bid
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Aug. 11 denied a massage device manufacturer’s petition for en banc rehearing, leaving in place a split panel’s opinion that affirmed a Maine federal judge’s grant of summary judgment of noninfringement in a dispute over a design patent describing the massager; conflicting opinions attached to the order illustrate a sharp dispute over whether current design patent doctrine improperly lets judges dissect designs and decide visual similarity questions that should reach juries.
Judge: Damages Claims In StubHub Pandemic Cancellation Case Go To Arbitration
OAKLAND, Calif. — A federal judge in California on Aug. 11 sent to arbitration damages claims under the California Consumers Legal Remedies Act (CLRA) and false advertising law (FAL) that remained following a summary judgment ruling in a putative class action brought by consumers seeking injunctive relief or restitution related to StubHub Inc.’s refund policy changes implemented for events canceled or rescheduled due to the coronavirus pandemic.
9th Circuit Tosses Appeals Of Orders Partly Denying Dismissal In Social Media MDL
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals dismissed appeals by Meta Platforms Inc. and TikTok Inc. of lower court orders denying in part their motions to dismiss several claims based on their asserted immunity under Section 230 of the Communications Decency Act (CDA) in a product liability multidistrict litigation over the purported addictive qualities for adolescents of several of the largest social media platforms, finding that the appellate court lacks jurisdiction under the collateral order doctrine.
Dismissal Denied In Sex Discrimination, FCA Suit Against Pharmaceutical Company
NEW YORK — A New York federal judge on Aug. 10 denied a pharmaceutical company’s motion to dismiss a suit filed against it by a former sales representative who alleges that the company violated the False Claims Act (FCA), similar state law and state sex discrimination laws by firing her after she complained about being forced to work in a “sexually charged environment,” finding that the former representative plausibly alleged protected activity under the FCA.
Software Company’s Chart Patents Abstract, Federal Circuit Agrees On Appeal
WASHINGTON, D.C. — A Federal Circuit U.S. Circuit Court of Appeals panel said in an Aug. 10 opinion that it saw no error in a California federal judge’s finding that a company’s interactive chart patents are patent ineligible because they recite the desired result without sufficiently explaining the concrete technological means for achieving it.
Preliminary Injunction Stay Denied In Athletes’ Suit Over NCAA’s 5th-Year Rule
DENVER — The “chaos” that the National Collegiate Athletic Association (NCAA) says has been created by a preliminary injunction entered in a putative class action by student-athletes suing over a June 2026 new eligibility rule is self-made, a federal judge in Colorado ruled Aug. 10, denying the NCAA’s motion to stay the injunctive relief pending appeal.
Insured Not Entitled To Additional Coverage For Water, Mold Damage, Panel Says
MINNEAPOLIS — A trial court did not err in granting a property insurer’s motion for summary judgment in a water and mold damage coverage dispute because the policy clearly excludes mold damage and requires repairs to be completed within two years of the date of loss in order for replacement cost benefits to be paid, a Minnesota Court of Appeals panel said Aug. 10.
8th Circuit: No D&O Coverage Owed For Suits Seeking To Collect Default Loans
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Aug. 10 affirmed a lower federal court’s ruling in favor of an insurer in its lawsuit disputing directors and officers liability coverage for underlying lawsuits seeking to collect defaulted loans from the insured’s executives, holding that the executives were not “Insured Individuals” under the policy and, therefore, the insurer did not owe coverage.