Massachusetts High Court Vacates Ruling In Favor Of Professional Liability Insurer
SUFFOLK, Mass. — The Massachusetts Supreme Judicial Court on Aug. 7 vacated a lower court’s ruling in favor of a medical professional liability insurer in a physician insured’s lawsuit seeking a declaration as to coverage for regulatory defense costs for an underlying administrative proceeding, holding that the underlying allegations that the insured prescribed an addictive medication to a patient with whom he was in a romantic relationship constitute providing a professional service under the policy.
Judgment Vacated In Royalty Dispute After Judge Clarifies Not All Claims Resolved
PITTSBURGH — A federal judge in Pennsylvania on Aug. 6 vacated a March 2026 judgment order entered in a class lawsuit over hydraulic fracturing royalties after clarifying that a summary judgment order for the defendant issued that same day as the judgment did not fully resolve all claims.
Florida Panel Reverses Ruling In Suit Against Assisted Living Facility’s Insurer
TALLAHASSEE, Fla. — A Florida appellate court reversed a lower court’s grant of judgment in favor of an estate in its lawsuit alleging that an insurer breached its contract by failing to defend its assisted living home insured against the estate’s underlying wrongful death lawsuit, holding that there was no claim made on behalf of the injured resident until the wrongful death action was filed in 2014, which was one year after the relevant policy expired.
11th Circuit Reverses Standing Ruling, Affirms Injunction Denial In COVID Mask Row
ATLANTA — The 11th Circuit U.S. Court of Appeals affirmed a lower court’s ruling denying two enrolled students’ motion for an injunction to require a school district to consider COVID-19 masking on a case-by-case basis and reversed the court’s dismissal for lack of standing as to two unenrolled students, finding that the lower court did not err in ruling that the accommodations to prevent infection were effective as to the enrolled students but that the lower court erred regarding the unenrolled students who would have returned with a masking policy change.
N.C. Panel: PCOH Exclusion Bars Coverage For Negligence Suit Over Fatal Crash
RALEIGH, N.C. — A North Carolina appellate panel on Aug. 5 affirmed a lower court’s grant of a commercial insurer’s motion for judgment on the pleadings in its lawsuit disputing coverage for an underlying negligence action against its smoke shop owner insured arising from a fatal car accident that was caused by an intoxicated driver who inhaled nitrous oxide from a cream charger that was purchased at the insured’s shop, holding that the policy’s products-completed operations hazard (PCOH) exclusion barred coverage.
2nd Circuit Says Customer Data Law Unconstitutional In Row With DoorDash, Grubhub
NEW YORK — The Second Circuit U.S. Court of Appeals on Aug. 5 affirmed a lower court’s grant of summary judgment to DoorDash, Portier and Grubhub in their quest to halt enforcement of a New York City law that would require food delivery services to provide customer data to restaurants, finding that the law violates the First Amendment to the U.S. Constitution.
Nike’s PTAB Loss Affirmed By Federal Circuit In Dispute With Lululemon
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Aug. 5 affirmed a finding from the U.S. Patent Trial and Appeal Board (PTAB) that multiple claims of a patent held by Nike Inc. describing a watch that can connect to electronic devices were unpatentable as anticipated or obvious in view of multiple prior art references.
9th Circuit Vacates Remand Of ‘Unfair’ Life Insurance Policy Termination
PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on Aug. 5 vacated a federal judge’s decision granting an insured’s motion to remand her putative class action against an insurer for violating California’s unfair competition law (UCL) based on its alleged termination of her late husband’s life insurance policy, writing that in light of recent precedent the judge should have given the insurer an “opportunity to waive” its adequate-remedy-at-law defense before remanding due to lack of equitable jurisdiction.
California Supreme Court Finds Negligence Claim Not Viable In Safer HIV Drug Cases
SAN FRANCISCO — A divided California Supreme Court reversed a lower court and directed entry of summary judgment for Gilead Sciences Inc., rejecting claims that a duty of care is owed to consumers who allege that they suffered injuries to their kidneys, bones and teeth while the company withheld a safer alternative to a concededly nondefective drug used in the treatment of HIV.
3rd Circuit Affirms Dismissal Of FCA Retaliation Claim Against Device Maker
PHILADELPHIA — The Third Circuit U.S. Court of Appeals affirmed a lower court’s dismissal of a former employee’s False Claims Act (FCA) retaliation suit against the medical device company that terminated his employment, finding that the operative complaint failed to allege that the former employee held the belief that the employer submitted or would submit fraudulent claims to the government for payment.
Disclosure Statement Hearing Set For Expedited Uniroyal Chapter 11 Bankruptcy
NEWARK, N.J. — Just days after Uniroyal Holding Inc. and an affiliate filed voluntary petitions for Chapter 11 bankruptcy, citing more than 35,000 pending asbestos injury cases, a federal bankruptcy judge in New Jersey on Aug. 4 scheduled a hearing for Sept. 10 to consider the company’s disclosure statement.