4th Circuit: Disputed Claim Related To Earlier Claim Against Laboratory Insured
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals vacated a lower federal court’s ruling in favor of a defendant insurer in a plaintiff insurer’s lawsuit seeking a declaratory judgment that it has no duty to defend or indemnify a laboratory against an underlying lawsuit alleging that it used improper collection and testing methods and reported false positive drug tests, holding that the underlying action is “related” to an earlier claim that triggers coverage under the plaintiff insurer’s professional liability insurance policy.
11th Circuit Certifies Question To 2 State High Courts In Opioid Coverage Disputes
ATLANTA — Ruling on two appeals challenging lower federal courts’ rulings in favor of insurers in coverage disputes arising from the opioid epidemic, the 11th Circuit U.S. Court of Appeals on June 11 certified a question asking the Georgia and Florida supreme courts to decide whether the insurance policies at issue require the insurers to defend and/or indemnify their insureds against the underlying opioid lawsuits.
7th Circuit Finds Attorneys Did Not Comply With Order, Affirms Denial Of Fees
CHICAGO — A Seventh Circuit U.S. Court of Appeals panel affirmed the denial of a motion for attorney fees filed by a plaintiff’s lawyers after a settlement was reached and attorney fees awarded in a multidistrict litigation because a case management order and class counsel’s motion for attorney fees clearly stated that the plaintiff’s counsel could not seek an award for any pre-MDL time.
Japanese Alcohol Settlement, Attorney Fees Get Final Approval From Magistrate Judge
SAN FRANCISCO — A California federal magistrate judge on June 11 granted final approval to a settlement of class claims against a California company accused of deceptively marketing its domestic Japanese-style sake as originating in Japan in violation of California’s unfair competition law (UCL), with the company agreeing to change its labels and the plaintiff’s attorneys awarded fees and costs totaling $645,000.
PTAB Invalidation Of Google Hotword Patent Claims Reversed By Federal Circuit
WASHINGTON, D.C. — In a win for Google LLC, a Federal Circuit U.S. Court of Appeals panel reversed two final written decisions in which the U.S. Patent Trial and Appeal Board (PTAB) found that multiple claims in two patents related to using spoken words to wake up a sound-enabled device were invalid as anticipated or obvious by prior art; the panel held that PTAB lacked substantial evidence to support its finding that a prior art reference disclosed the claims at issue.
Federal Circuit Affirms Password Patent Claim Construction In Win For Bank
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on June 11 affirmed a Texas federal judge’s dismissal of a patent holder’s infringement suit against Bank of America Corp. and a related entity with prejudice, holding that the banking entities’ password technology did not meet a properly construed claim limitation central to the patent at issue.
Split Supreme Court: ICA Provision Does Not Imply Private Right Of Action
WASHINGTON, D.C. — A split U.S. Supreme Court on June 11 issued an opinion finding that Section 47(b) of the Investment Company Act of 1940 (ICA) does not give private parties an implied power to sue for rescission of contracts that allegedly violate the ICA.
Challenges To $6M Verdict Rejected In ‘Addiction’ Trial Against Meta, YouTube
LOS ANGELES — A California state court judge denied motions by YouTube LLC and Google LLC (collectively, YouTube) and Meta Platforms Inc. for judgment notwithstanding the verdict or for a new trial after a jury awarded $6 million in damages in a suit alleging that the social media platforms “breached their duty” to the plaintiff by failing to warn of the platforms’ risks that led to “addiction,” finding that Section 230 of the Communications Decency Act of 1996 did not bar the plaintiff’s claims.
Split 8th Circuit Says Cigar Trademark Claims Arose Under Stock Transfer Agreement
ST. LOUIS — A divided Eighth Circuit U.S. Court of Appeals panel affirmed a South Dakota federal judge’s dismissal of a trademark infringement suit brought by the founder of a tobacco company and a cigar maker against the founder’s former company; the majority agreed with the judge that the dispute necessarily arose out of a stock purchase agreement that included a mandatory forum selection clause that required litigation in South Dakota state court.
Florida Panel Quashes Discovery Orders That Shielded Nonparty Law Firm
MIAMI — Saying in part that “the lack of judicial oversight effectively eliminated the system of checks and balances ensuring against an overly broad assertion of privilege,” a Florida appellate panel on June 10 granted a certiorari petition and quashed two discovery orders that shielded a nonparty law firm “from producing documents relating to its previous clients’ assets and financial transactions” in a case involving a default judgment.
7th Circuit Affirms Judge’s Cancellation Of Clothing Company’s Army-Themed Mark
CHICAGO — A Seventh Circuit U.S. Court of Appeals panel on June 10 agreed with an Illinois federal judge’s finding that a maker of patriotic clothes began using the phrase “This We’ll Defend” as a source-identifying trademark years before a different clothing company began using the same phrase as a mark, affirming the judge’s finding that a trademark registration was defeated by the timing.