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California Panel Upends Auto Shop Owner’s $10.1M Asbestos Verdict

SAN FRANCISCO — A trial court overseeing an asbestos case that produced a $10.1 million verdict erred in issuing a directed verdict on the sophisticated user defense in the case of an automobile shop owner and by failing to list certain potentially liable parties on the verdict sheet, a California appeals court panel said in reversing and remanding for a new trial.

Split Panel: Silicosis Case Fails Due To Plaintiff’s Unreliable Experts

HOUSTON — A split Texas appeals court panel on Oct. 31 affirmed a lower court’s ruling in favor of Exxon Mobil Corp. in a silica injury lawsuit brought by a worker who sandblasted railcars and contended that he developed pulmonary fibrosis because the company created a situation in which he had to perform an “intrinsically unsafe and ultrahazardous activity.”  The panel held that the worker’s experts were not reliable.

Insurer Seeks Policy Voidance, Declaration Of No Duty To Defend In Underlying Suit

CHEYENNE, Wyo. — A commercial insurer on Oct. 31 sued its insured trucking company and the company’s purported owners in a Wyoming federal court, seeking a declaration that the policy issued to the insured is void due to alleged material misrepresentations regarding ownership of the company and there is no duty to defend or indemnify the company in an underlying suit.

High Court Sets Oral Argument Date In Row Over Texas Age-Based Online Porn Law

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 31 set for argument a case in which Free Speech Coalition Inc. (FSC), a nonprofit adult industry trade association, along with adult entertainment industry petitioners, urge reversal of a ruling by the Fifth Circuit U.S. Court of Appeals that vacated an injunction of a Texas law requiring the operators of pornographic websites to verify that their visitors are adults, which the petitioners say “imposes a content-based burden on adults’ access to constitutionally protected speech.”

Judge Rejects Online Sports Betting Company’s Request For Fees In Patent Dispute

WILMINGTON, Del. — While a federal judge in Delaware held that a defendant online sports gambling company is the prevailing party in a suit brought against it by a patent owner accusing it of infringement, he said the company is not owed attorney fees or other costs because the case is not “exceptional” as defined under the Patent Act.

Judge Grants Final Approval To Nearly $20M Settlement Of Ticket Insurance Suit

SAN FRANCISCO — A California federal judge granted final approval to a nearly $20 million settlement resolving claims that insurers including Allianz Global Assistance (AGA) violated California’s unfair competition law (UCL) and other laws in relation to its online marketing of travel and event insurance, with the plaintiffs’ attorneys awarded nearly $5 million in attorney fees.

Judge: Mattel Owed Damages For Chinese Stores’ Fake UNO Cards

NEW YORK — Holding that a recent U.S. Supreme Court ruling on the extraterritoriality of certain portions of the Lanham Act does not apply, a federal judge in New York on Oct. 30 entered more than $400,000 in damages against Chinese companies that toy and game manufacturer Mattel Inc. said infringed on its trademarks and copyrights related to the card game UNO.

11th Circuit Won’t Revive ERISA Suit Over FTCs Against Service Provider

ATLANTA — Saying two Employee Retirement Income Security Act claims challenging a 401(k) plan service provider’s retention of foreign tax credits (FTCs) “present issues of first impression,” an 11th Circuit U.S. Court of Appeals panel on Oct. 30 affirmed summary judgment against the class, ruling that the FTCs were not plan assets and that the service provider was not a functional fiduciary.

Final Judgment Issued After Approval Of Up To $145M Kia, Hyundai Theft Settlement

SANTA ANA, Calif. — A federal judge in California issued final judgment as to all consumer class cases in the multidistrict litigation over the theft of Kia and Hyundai vehicles; the judgment came several weeks after final approval of the up to $145 million settlement for consumers who allege that design flaws permit thieves to steal their vehicles in less than two minutes.

California Jury Finds For Asbestos Defendant In Friction Products Case

LOS ANGELES — A California jury returned a defense verdict in a friction case against a company accused of assembling asbestos-containing brakes, finding that while the company sold such products, they performed as expected and their benefits outweighed the risks.

Broadband Providers Urge High Court Review Of 2nd Circuit Ruling In Rate Dispute

WASHINGTON, D.C. — New York State Telecommunications Association and other broadband providers on Oct. 30 filed a reply brief in the U.S. Supreme Court, urging review of the Second Circuit U.S. Court of Appeals ruling reversing a district court’s judgment that granted a permanent injunction barring the enforcement of New York’s Affordable Broadband Act (ABA) and found that the Federal Communications Act of 1934 preempts state regulation of broadband services.

LATEST NEWS

Court: No Privacy For Child Pornography Turned Up By Snapchat AI Search
5th Circuit Issues Mixed Ruling On Agencies’ No Surprises Act Regulations
California Panel Upends Auto Shop Owner’s $10.1M Asbestos Verdict
Split Panel: Silicosis Case Fails Due To Plaintiff’s Unreliable Experts
Judge Says PFAS Drinking Water Contamination Claims Against 3M, Others Are Valid
Asbestos Bankruptcy Claimants Take Stay Relief Denial Ruling To Fourth Circuit
Insurer Seeks Policy Voidance, Declaration Of No Duty To Defend In Underlying Suit
High Court Sets Oral Argument Date In Row Over Texas Age-Based Online Porn Law
Applying Texas Law To Biometric Privacy Suit, Judge Dismisses Illinois Law Claims
Judge Rejects Online Sports Betting Company’s Request For Fees In Patent Dispute
Split Kentucky High Court Affirms Ruling Upholding Care Home Death Suit Dismissal
Woman Says Hysterectomy Evidence Relevant In Mesothelioma Case
Calif. Jury: Age Of Pool Company Employee Was Not ‘Substantial’ Reason For Firing
Judge Grants Final Approval To Nearly $20M Settlement Of Ticket Insurance Suit
Judge: Mattel Owed Damages For Chinese Stores’ Fake UNO Cards
Negligence Claim Against Software Firm After Data Breach Dismissed Again
Judge Partly Compels Arbitration Of Semiconductor Dispute In Singapore
11th Circuit Won’t Revive ERISA Suit Over FTCs Against Service Provider
Federal Circuit Upholds PTAB’s Unpatentability Finding In Favor Of Vehicle Makers
Connecticut Residents: Company Knowingly Sold Drinking Water Tainted With PFAS
Judge Allows Breach Of Contract Class Claim For Bank’s Cash Advance Fees
9th Circuit: No Fees For Defendant Who Settled Adult Film Copyright Claims
Mass Tort Cases For Drugs, Medical Devices
Condo Owners Not Entitled To Recover Lost Rental Income For Construction Defects
Privacy Claims Against YETI Did Not Establish Derivative Liability, Judge Finds
New York Federal Judge Finds State Claims Preempted In OTC Cold Medicine Case
Michigan Sues PBMs For Role In State’s Opioid Crisis
Insureds Can’t Appeal Ruling Limiting Class Damages In Data Breach Suit
Reconsideration Denied On Issue Of Mitigation Costs In Plaintiffs’ Data Breach Suit
Boiler Company Says Discovery Triggered Asbestos Case Removal