Panel Reverses Dismissal Of Surgeon’s Suit Accusing Insurer Of Retaliation
LOS ANGELES — A California appellate panel on July 13 reversed a judgment dismissing a lawsuit brought by an orthopedic spine surgeon accusing an insurer of interference with prospective economic relations for allegedly retaliating against him after he advocated for his patients to receive coverage for spinal surgeries.
2nd Circuit Vacates Expert Exclusions, Restores Suits In Acetaminophen-Autism MDL
NEW YORK — The Second Circuit U.S. Court of Appeals on July 13 vacated rulings excluding the testimony of four general causation experts retained by parents who allege that prenatal exposure to acetaminophen causes autism or attention deficit hyperactivity disorder (ADHD) and the resulting judgments, remanding to the multidistrict litigation judge, who had dismissed the cases for lack of causation.
7th Circuit Holds Prior Work Exclusion Precludes Roofer’s Coverage
CHICAGO — A Seventh Circuit U.S. Court of Appeals panel affirmed a lower court’s ruling that an insurer had no duty to defend or indemnify a roofing contractor in an underlying suit alleging that the contractor’s negligent repair work contributed to the collapse of a building’s façade, killing two people.
California Panel Reduces $6.5M Punitive Damages Award In Wildfire Coverage Dispute
SAN FRANCISCO — A California appeals panel on July 13 affirmed a jury’s verdict that an insurer breached its contract, acted in bad faith and owed an insured apartment complex owner punitive damages in a coverage dispute arising from the 2017 Tubbs fire but held that the jury’s $6.5 million punitive damages award is “constitutionally excessive.”
Trump Cuts Nearly 3M Acres From National Monuments Citing ‘Public Interest’
WASHINGTON, D.C. — Saying that it is “in the public interest,” President Donald J. Trump on July 13 issued two proclamations shrinking the size of the Bears Ears and Grand Staircase-Escalante (GSE) national monuments by nearly 3 million acres, citing his authority under the Antiquities Act over an area that has been the subject of ongoing dispute across presidential administrations and may have implications for hydraulic fracturing.
4th Circuit Again Affirms Injunction In Trademark Row, Vacates Attorney Sanction
RICHMOND, Va. — In a pair of opinions, a Fourth Circuit U.S. Court of Appeals panel upheld a North Carolina federal judge’s preliminary injunction against a Dutch software company accused of stealing a North Carolina software company’s branding, code and trade secrets because the Dutch entity targeted United States commercial conduct but vacated a civil contempt sanction against the Dutch company’s attorney because the plaintiff company failed to show that it was harmed by noncompliance with a court order.
Federal Circuit Reverses Preliminary Injunction In Door Patent Fight
WASHINGTON, D.C. — In a July 13 opinion, a Federal Circuit U.S. Court of Appeals panel reversed an Ohio federal judge’s grant of a preliminary injunction in a dispute concerning a patent on a rolling insulated door; the panel held that the accused product raised substantial questions of noninfringement and that the plaintiff-appellee entities failed to prove likely irreparable harm.
Illinois Court Affirms $45M Asbestos-Talc Verdict Over Expert, Damages Challenges
CHICAGO — The majority of an Illinois appeals court on July 10 affirmed a $45 million verdict against Johnson & Johnson entities, turning away challenges that the award of prejudgment interest was unconstitutional, that the handling of testimony from three witnesses was improper and that damages for a shortened life expectancy could be awarded on a survival claim.
DOL, Other Amici To U.S. High Court: Affirm ERISA Meaningful Benchmarks Ruling
WASHINGTON, D.C. — Filing amicus curiae briefs in an Employee Retirement Income Security Act case, the U.S. Department of Labor (DOL) and other entities urge the U.S. Supreme Court to affirm that a putative class suit challenging purportedly underperforming retirement plan investments in hedge funds and private equity was correctly dismissed for failure to allege a “meaningful benchmark.”
Federal Judge Dismisses Breach Of Contract Suit Arising From Hurricane Helene Damage
TAMPA, Fla. — Three days after a federal judge in Florida granted a Write-Your-Own insurer’s motion to dismiss a condominium association insured’s breach of contract, negligent misrepresentation and unjust enrichment claims in a coverage dispute over Hurricane Helene damage, the court on July 13 entered judgment in favor of the insurer and dismissed the lawsuit with prejudice.
Bankruptcy Filing Stays Advancement Case Between CEO And His Former Company
DALLAS — A Texas federal judge stayed through Sept. 7 an advancement and fiduciary duty dispute between a former financial services company CEO and his former employer after the company filed for Chapter 11 bankruptcy, pausing litigation over its obligation to fund his defense against counterclaims alleging manipulation of commercial auto claims reserves while it pursues confirmation of its bankruptcy plan.