Panel: No Coverage Owed For Suits Alleging Insureds Intentionally Paid Terrorists
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Sept. 11 affirmed a lower federal court’s summary judgment ruling that insurers have no duty to defend against underlying lawsuits alleging the insureds violated the federal Anti-Terrorism Act, holding that the underlying actions assert that the insureds “intentionally made payments” to foreign terrorist organizations and, as a result, do not allege an occurrence under the policies.
Discovery Provision Of Anti-SLAPP Statute Figures In 5th Circuit Ruling
NEW ORLEANS — Affirming denial of a university’s motion to strike a former student’s complaint, the Fifth Circuit U.S. Court of Appeals on Sept. 11 held that Louisiana’s anti-SLAPP statute “does not apply in federal court” because it conflicts with Federal Rules of Civil Procedure 12 and 56, which “are valid under the Rules Enabling Act”; writing separately dubitante, one panel member briefly said there was a lack of clarity regarding how the appellate court had “interlocutory appellate jurisdiction.”
Judge Confirms More Than $350M Award Against Nation Of Georgia
WASHINGTON, D.C. — A District of Columbia federal judge on Sept. 11 granted a renewable energy investor’s cross-motion for summary judgment, denied the nation of Georgia’s motion to dismiss and confirmed an International Chamber of Commerce (ICC) award against Georgia worth more than $350 million for noncompliance with an agreement pertaining to a hydroelectric project.
Allegedly Deceptive ‘Organic’ Fertilizer Class Action Dismissed By Judge
SAN DIEGO — A California federal judge on Sept. 11 granted a fertilizer company’s motion to dismiss a class action brought against it by two plaintiffs who claim that it violated California’s unfair competition law (UCL) and other laws by marketing its fertilizer product as “organic” when it allegedly contains so-called forever chemicals but granted the plaintiffs leave to amend.
Summary Judgment Bid Granted In Texas’ Consumer Protection Suit Against TikTok
AUSTIN, Texas — A Texas state court judge on Sept. 10 granted the state’s motion for partial summary judgment in its suit against TikTok Inc. and related entities alleging that the companies operating the social media platform TikTok violated the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) by “misleading consumers about their efforts to ensure that TikTok protects minors from inappropriate content,” finding that TikTok failed to remove certain categories of video content it claimed it would remove and made misrepresentations about the filtering capabilities of its restricted mode.
‘Perpetual Discount’ Class Action Dismissed With Prejudice By Judge
LOS ANGELES — A furniture company on Sept. 10 lodged a proposed judgment in California federal court dismissing a putative class action against it with prejudice after a judge granted its motion to dismiss a suit accusing it of deceptively listing its prices as discounted in violation of California’s unfair competition law (UCL) and other California laws, finding the company’s terms of use do not apply and none of the plaintiffs are from California or bought products in California.
Judge Won’t Dismiss New Plaintiff’s Claims Against Ford Over ‘E-Latch’ Doors
LOS ANGELES — A California federal judge on Sept. 10 denied Ford Motor Co.’s motion to dismiss a third amended complaint accusing it of violating California’s unfair competition law (UCL) by concealing an alleged defect with electronic door handles in certain car models that could leave the doors locked and unable to be opened when the vehicles lose power, writing that its arguments were previously raised and rejected before a new plaintiff was substituted.
Judge Dismisses Securities Fraud Action Over Registration Statements
NEW YORK — A federal judge in New York dismissed investors’ securities fraud class action against a technology company, certain of its employees and the underwriters of the company’s public offerings for allegedly misrepresenting key details about its business in its registration documents, finding that the investors did not plead a material misstatement or omission.
Magistrate Judge Dismisses Insured’s Claims With Prejudice In Hurricane Damage Suit
BATON ROUGE, La. — A Louisiana federal magistrate judge granted summary judgment in favor of a homeowners insurer and dismissed the insured’s breach of contract and bad faith claims because the insured failed to offer any evidence that she sustained damages as a result of the insurer’s handling of her claim.
6th Circuit: ‘Relating To’ Language Can’t Keep Asbestos Case In Federal Court
LOUISVILLE, Ky. — A panel of the Sixth Circuit U.S. Court of Appeals affirmed remand of an asbestos action on Sept. 9, finding that General Electric Co.’s provision of turbines to the U.S. Navy did not give it a colorable federal contractor defense to a woman’s claims stemming from her husband’s work at one of the company’s commercial facilities.
6th Circuit Denies Former Employee’s Mandamus Bid In Trademark, Harassment Row
CINCINNATI — In an order filed in two related cases, a Sixth Circuit U.S. Court of Appeals panel denied a pro se defendant-appellant’s request for a writ of mandamus in which he sought an audit of a trademark and harassment dispute with the appellant’s former employer; the panel said the man failed to show that his earlier appeal was not an adequate remedy.