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Child Support Processors Appeal $7.6M Judgment For 50-Cent Customer Service Fees

SACRAMENTO, Calif. — Three companies that send child support payments to recipients filed a notice of appeal in California federal court on Dec. 9 stating they are appealing the court’s $7.6 million restitution award against them in favor of a certified class of child support recipients, who the court found were charged 50-cent service fees for making customer support phone calls in violation of California’s unfair competition law (UCL).

Federal Judge Dismisses Hurricane Ian Flood Coverage Suit As Untimely

FORT MYERS, Fla. — A federal judge in Florida on Dec. 9 granted an insurer’s motion to dismiss insureds’ lawsuit seeking full coverage for their flood damage caused by Hurricane Ian, concluding that the lawsuit is time-barred.

Majority Reverses No Coverage Ruling In Suit Arising From Spinal Cord Injury

NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel majority on Dec. 9 reversed a lower federal court’s order that granted a homeowners insurer’s motion for judgment as a matter of law in its declaratory judgment lawsuit arising from a spinal cord injury that occurred at its insureds’ home, ruling there was a legally sufficient evidentiary basis for a jury to determine that the spinal injury did not arise out of the use of a controlled substance and, therefore, the policy’s controlled substance exclusion does not bar coverage.

Mistrial Declared In Florida Hospitals’ Suit Against CVS, Others For Opioid Crisis

FORT LAUDERDALE, Fla. — A Florida state judge declared a mistrial after jurors indicated that they could not reach a unanimous verdict after deliberating for weeks in a case brought by Florida hospitals accusing pharmacies of contributing to the opioid crisis through their company policies.

Federal Circuit Reverses TTAB Rejection Of Tea-Based Mark For Coffee Shop Name

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Dec. 9 reversed a decision from the U.S. Trademark Trial and Appeal Board (TTAB) rejecting a coffee company’s application for a trademark on the name “Kahwa” as the name of coffee shops; the panel said there was no evidence in the record that the word for a type of tea would be understood by customers as a generic term for coffee shops.

Government Urges High Court Review Of ERISA Burden Question, Shifts Position

WASHINGTON, D.C. — Saying that now is the time for the U.S. Supreme Court to address a question it has thrice declined to consider — and acknowledging that the position it now takes represents a change from its historical one — the U.S. government on Dec. 9 filed an amicus curiae brief urging the high court to grant a certiorari petition that asks whether “burden-shifting applies to the element of causation under” part of the Employee Retirement Income Security Act.

JMOL Grant To Shopify In Patent Row Affirmed By Federal Circuit

WASHINGTON, D.C. — A federal judge in Delaware did not err in granting judgment as a matter of law (JMOL) of noninfringement in a declaratory judgment patent case brought by Shopify Inc. against a patent holder, a Federal Circuit U.S. Court of Appeals panel held, agreeing that the patent holder failed to show that an element of Shopify’s user interface (UI) met certain claim limitations.

Texas High Court Will Not Review Court’s Reinstatement Of Insurer’s Subrogation Suit

AUSTIN, Texas— The Texas Supreme Court denied a homeowners insurer’s petition for a writ of mandamus in a subrogation suit stemming from a roofing contractor’s defective work, refusing to disturb a trial court’s decision to set aside a default judgment and final judgment by default entered against the roofing contractor.

Federal Circuit Affirms JMOL On Patent, Trade Secret Claims Against Goodyear

WASHINGTON, D.C. — A federal judge in Ohio correctly granted judgment as a matter of law to Goodyear Tire & Rubber Co. because no reasonable jury could have found that the plaintiffs/appellants should have been added as inventors to one of Goodyear’s patents on a self-inflating tire, a Federal Circuit U.S. Court of Appeals panel held Dec. 8.

8th Circuit Finds Movie Theater Chain Isn’t Video Provider, Didn’t Violate VPPA

ST. PAUL, Minn. — A trial court’s dismissal of a putative class claim that a movie theater chain violated the Video Privacy Protection Act (VPPA) was affirmed by an Eighth Circuit U.S. Court of Appeals panel on Dec. 8, which concluded that although the chain shares certain consumer information with Meta Platforms Inc., it does not qualify as a video tape service provider (VTSP) under the statute.

5th Circuit Says State Law Bars Arbitration Of Hurricane Policy Dispute

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Dec. 8, applying a Louisiana Supreme Court ruling on certified questions of law regarding the arbitrability of insurance disputes, affirmed a lower court’s denial of domestic insurers’ motion to compel arbitration of a Louisiana town’s claims for damages, breach of contract and bad faith after finding that the participation of foreign insurers in the policy does not require the court to apply the New York Convention.

LATEST NEWS

Final Judgment Issued, $300K In Damages Awarded To Insurer In ‘Imposter’ Policy Row
Supreme Court Told Asbestos Receiver Ruling Not Worth Review
Child Support Processors Appeal $7.6M Judgment For 50-Cent Customer Service Fees
Magistrate Judge Dismisses ‘Greenwashing’ Suit Against Sugarcane Grower
Stipulation Of Dismissal Granted In Coverage Dispute Over Defective Stonework
Nevada Federal Judge Finds Man’s Claims Against Trifecta Heart Valve Maker Preempted
Federal Judge Dismisses Hurricane Ian Flood Coverage Suit As Untimely
Federal Circuit Denies Mandamus Over Rejected IPR Petition In Web Patent Row
Vanderbilt Challenges Causation, Damages After Environmental Asbestos Verdict
Majority Reverses No Coverage Ruling In Suit Arising From Spinal Cord Injury
Nonprofit Alleges Industrial Recycler’s Stormwater Discharges Violated CWA, NPDES
Judge Dismisses Parties In GEICO ‘Fraudulent’ PIP Suit Against Florida Clinics
Mistrial Declared In Florida Hospitals’ Suit Against CVS, Others For Opioid Crisis
11th Circuit Denies Insured’s Rehearing Petition In Environmental Cleanup Suit
Statute Of Limitations Is Not Applicable In Mercury Poisoning Case, Plaintiffs Say
Judge Rules In Favor Of D&O Insurer In Dispute Over $7.5M Fraudulent Wire Transfer
Government Insists Flint Minor Bellwether Plaintiffs’ Case Should Be Dismissed
Federal Circuit Reverses TTAB Rejection Of Tea-Based Mark For Coffee Shop Name
Government Urges High Court Review Of ERISA Burden Question, Shifts Position
Government To High Court: Resolve ERISA Meaningful Benchmarks Circuit Split
Half The Requested Attorney Fees Awarded In LTD Case Remanded To Administrator
JMOL Grant To Shopify In Patent Row Affirmed By Federal Circuit
Magistrate Judge Recommends Denying Injunctive Relief In AI Discipline Challenge
Judge Won’t Stay AI Discrimination Case Pending U.S. Supreme Court Petitions
Developer Of ICE Tracking App Sues Bondi Over ‘Pressured’ Removal From App Store
Florida County Seeks 11th Circuit Rehearing In COVID-Era Beach Closure Takings Case
Texas High Court Will Not Review Court’s Reinstatement Of Insurer’s Subrogation Suit
Experts Connecting Metal In Baby Food To ASD/ADHD Out In California Case
Drug Manufacturer Agrees To $1.89M Settlement To End Claims In Losartan MDL
‘Ultra-Processed Food’ Makers Follow Big Tobacco’s Playbook, California Says