9th Circuit Remands Indian Satellite Row, Bars Forum Non Conveniens Challenge
SAN FRANCISCO — On remand after reversal by the U.S. Supreme Court, a Ninth Circuit U.S. Court of Appeals panel in two Aug. 12 rulings affirmed the confirmation of an arbitration award worth more than $1.2 billion against an Indian state-owned company, ruled on an issue of first impression that forum non conveniens challenges do not apply to petitions to confirm under the New York Convention, vacated a ruling allowing intervenors to register the judgment and remanded the issue of whether the award’s set-aside in India “warrants relief from judgment.”
Oregon Farming Operation Agrees To Pay $6.2M To Exit Federal Pollution Suit
PORTLAND, Ore. — One of several agricultural companies accused of contributing to the contamination of groundwater in the Lower Umatilla Basin in alleged violation of state law and the Resource Conservation and Recovery Act (RCRA) has reached a $6.2 million settlement in a class action with a group of nearby residents that awaits approval by an Oregon federal judge.
Supreme Court Orders Lower Court To Stay Proceedings In Epic, Apple Antitrust Row
WASHINGTON, D.C. — U.S. Supreme Court Justice Elena Kagan on Aug. 12 granted an application by Apple Inc. and issued an administrative stay of the proceedings in the U.S. District Court for the Northern District of California, which granted injunctive relief and issued a contempt finding against Apple over anticompetitive practices on its App Store in an antitrust dispute with Epic Games Inc.
En Banc 5th Circuit Nixes Part Of Agencies’ No Surprises Act Rule
NEW ORLEANS — In an en banc ruling to which some judges partially dissented, the Fifth Circuit U.S. Court of Appeals affirmed universal vacatur of two challenged provisions of an agency rule implementing the No Surprises Act (NSA) that concerned qualifying payment amount (QPA) issues; however, the appellate court also reversed universal vacatur of a third provision.
2nd Circuit Certifies Question To Court Of Appeals In COVID Tuition Refund Suit
NEW YORK — In a student’s putative class action seeking reimbursement for tuition for when Syracuse University transitioned to remote learning during the COVID-19 pandemic, the Second Circuit U.S. Court of Appeals certified to the New York Court of Appeals a question regarding whether New York law requires that a university make a “specific” promise to provide “exclusively” in-person instruction in order to form an implied contract, finding that the split between federal and state courts on the application of New York contract law to COVID transitions to remote learning implicates important state interests.
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.