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High Court To Consider ISPs’ Liability For Users’ Infringement

WASHINGTON, D.C. — The U.S. Supreme Court on June 30 granted a petition for a writ of certiorari from an internet service provider (ISP) that told the court that the Fourth Circuit U.S. Court of Appeals was wrong to find it liable for contributory infringement for the actions of internet users who infringed on copyrights held by a group of record labels and music publishers; the high court also denied the labels’ cross-petition challenging the Fourth Circuit’s decision to vacate a $1 billion award in their favor for vicarious infringement.

Supreme Court Agrees To Hear ICA Private Right Of Action Case

WASHINGTON, D.C. — The U.S. Supreme Court on June 30 granted certiorari to a petition filed by closed-end funds (CEFs) regarding whether a section of the Investment Company Act of 1940 (ICA) includes a private right of action.

High Court Seeks Input On ERISA Ruling Concerning Meaningful Benchmarks

WASHINGTON, D.C. — The U.S. Supreme Court in a June 30 orders list invited the U.S. solicitor general to provide the federal government’s perspective on a petition to review a Sixth Circuit U.S. Court of Appeals 2-1 revival of a putative class action over a passively managed Northern Trust Focus Funds suite of target date funds (TDFs); the decision concerns the role benchmarks play in pleading Employee Retirement Income Security Act claims.

U.S. High Court Agrees To Tackle Withdrawal Liability Timing Assumptions Row

WASHINGTON, D.C. — In an order list, the U.S. Supreme Court on June 30 granted a petition for review of a Multiemployer Pension Plan Amendments Act (MPPAA) withdrawal liability decision that the federal government filed an amicus curiae brief urging it to grant — but did not reformulate the question presented as the government suggested.

U.S. High Court Won’t Review Ruling That ERISA Partly Preempts Oklahoma PBM Law

WASHINGTON, D.C. — As the federal government urged in a requested amicus curiae brief, the U.S. Supreme Court in a June 30 order list declined to review a ruling that the Employee Retirement Income Security Act and Medicare Part D partially preempt an Oklahoma pharmaceutical benefit manager (PBM) law.

High Court Finds Texas Porn Law Age Requirement Doesn’t Violate Free Speech

WASHINGTON, D.C. — The U.S. Supreme Court on June 27 in a 6-3 ruling held that a Texas law requiring the operators of pornographic websites to verify that their visitors are adults does not violate the free speech clause of the First Amendment to the U.S. Constitution.

In 6-3 Reversal, High Court OKs HHS Appointment Of Preventive Task Force Members

WASHINGTON, D.C. — In a 6-3 reversal concerning the structure of a task force that issues preventive care recommendations, the U.S. Supreme Court on June 27 ruled that “members are inferior officers whose appointment by the Secretary of HHS [the U.S. Department of Health and Human Services] is permissible under the Appointments Clause” of the U.S. Constitution.

Nondelegation Doctrine Not Violated By FCC Funding Scheme, Supreme Court Says

WASHINGTON, D.C. — The U.S. Supreme Court on June 27 ruled 6-3 that a Federal Communications Commission subsidy program does not violate the doctrines of nondelegation or  “private nondelegation,” finding that the FCC’s delegations were properly guided by an “intelligible principle” set forth by Congress and reversing the en banc Fifth Circuit U.S. Court of Appeals.

Split U.S. High Court: Universal Injunctions ‘Likely Exceed’ Courts’ Authority

WASHINGTON, D.C. — Nationwide or universal injunctions “likely exceed the equitable authority that Congress has granted to federal courts,” a majority of the U.S. Supreme Court ruled June 27, partially staying nationwide injunctions issued in three cases challenging President Donald J. Trump’s Jan. 20 birthright citizenship executive order (EO),

California Judge Denies Insured’s Motion For Summary Adjudication As To UCL Claim

LOS ANGELES — A California judge granted an insured’s motion for summary adjudication as to his declaratory relief claim in a lawsuit alleging that the California Fair Plan Association (CFP) issued property insurance policies with fire coverage that is unlawfully restrictive as to smoke damage claims but denied the insured’s motion as to his unfair competition law (UCL) claim, finding that he failed to satisfy his burden to establish standing to bring the UCL claim.

Insurer Was Not Contractually Bound To Provide COVID-19 Premium Relief, Judge Says

SAN DIEGO — A California federal judge on June 25 granted an auto insurer’s motion for summary judgment on a claim alleging that the insurer breached the implied covenant of good faith and fair dealing by not sufficiently refunding policyholders a percentage of premium payments made during the COVID-19 pandemic because the insurer was not contractually bound to refund any premiums under its auto policies.

LATEST NEWS

Recent Case Cues High Court’s Remand Of License Veto For N.M. Nuclear Fuel Storage
Amicus Tells High Court California Bar On Arbitration Must Not ‘Fester’ Longer
Insurer Files Satisfaction Of Judgement After Settlement From Subcontractor
High Court Won’t Review RFK Jr.-Founded Group ‘Censored’ Speech Challenge
High Court To Consider ISPs’ Liability For Users’ Infringement
Supreme Court Agrees To Hear ICA Private Right Of Action Case
Judge Trims Claims Against Manufacturer In Defective Defibrillator Lead Case
Through Criticism, Defendants Win ERISA Proprietary Funds Row After Bench Trial
High Court Seeks Input On ERISA Ruling Concerning Meaningful Benchmarks
U.S. High Court Agrees To Tackle Withdrawal Liability Timing Assumptions Row
U.S. High Court Won’t Review Ruling That ERISA Partly Preempts Oklahoma PBM Law
Supreme Court Won’t Hear Dispute Over 4th Amendment Search Of Financial Records
Preliminary Injunction Denied In DOL Records DOGE Access Suit
D.C. Circuit Upholds Default Judgment As Discovery Sanction In Shipping Act Suit
Battery Manufacturer Seeks High Court Review Of Measuring Integral Activities
Ex-Congressman Seeks High Court Review In Attorney Fee Spat Over Precedent Clash
Oral Argument Set In 6th Circuit Appeal Of Collateral Estoppel Appeal
Earth Movement Exclusion Bars Coverage For Foundation Damage, Judge Says
California Insureds Allege Insurers Underinsured Homes Destroyed In Wildfires
2nd Circuit Affirms Discovery For Use In U.K. Fraud Suit Over $3.7 Billion Estate
Judge Refuses To Toss Bad Faith Claim In Coverage Suit Over Antitrust Conspiracy MDL
Judge Dismisses Some Claims Brought By Insurer Over Grain Bin Installation
High Court Finds Texas Porn Law Age Requirement Doesn’t Violate Free Speech
In 6-3 Reversal, High Court OKs HHS Appointment Of Preventive Task Force Members
Panel Vacates ‘Unreasonable’ Part Of Vehicle Fuel Economy Calculation In EPA Rule
Parties Dismiss 1 Insurer In N.C. Coverage Suit Arising From Opioid Epidemic
Nondelegation Doctrine Not Violated By FCC Funding Scheme, Supreme Court Says
Split U.S. High Court: Universal Injunctions ‘Likely Exceed’ Courts’ Authority
California Judge Denies Insured’s Motion For Summary Adjudication As To UCL Claim
Federal Circuit: Judge Reasonably Tossed Patent Claims Against Google