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Plaintiff’s Counsel Seek Stay Of $623K Attorney Fee Sanction Pending Mandamus Writ

LOS ANGELES — A plaintiff’s attorneys facing a $623,000 attorney fee sanction on Jan. 30 filed a motion in California federal court to stay the sanction against them pending the outcome of their petition for a writ of mandamus before the Ninth Circuit U.S. Court of Appeals, writing that the sanction for allegedly bringing a frivolous suit against Walmart Inc. by misrepresenting how the plaintiff purchased Walmart’s store-brand avocado oil is “erroneous.”

Parties Debate State Of Public Nuisance Opioid Case After Remand By 4th Circuit

HUNTINGTON, W.Va. — Three national drug distributors on Jan. 30 told a West Virigina federal court that a decision by the Fourth Circuit U.S. Court of Appeals that under West Virginia law, the over-distribution of opioids can constitute a public nuisance, does not disturb any of the lower court’s “existing factual findings, second-guess any of its credibility determinations, or address its separate expert exclusion ruling.”

Florida Panel Reverses Damages Order In Mobile App Car Sharing Accident Dispute

LAKELAND, Fla. — A Florida appellate court on Jan. 30 reversed and remanded a lower court’s ruling granting a motion to amend a complaint to add punitive damages to a negligence suit against a mobile app-based car sharing company and the owner of a rented vehicle, finding that the plaintiffs failed to meet their burden under Florida law to recover punitive damages and show that the company was grossly negligent .

Ex-Google Employee Found Guilty For AI Trade Secret Theft

SAN FRANCISCO — A federal jury in California convicted a former Google LLC employee of theft of trade secrets and economic espionage across 14 total categories related to his work developing software to ensure that graphics processing units could function efficiently with artificial intelligence.

Appellate Panel Reverses Denial Of Cost-Of-Living Reimbursement To Reinsurer

BOSTON — A Massachusetts appellate court panel on Jan. 30 reversed and remanded a state reviewing board decision denying a reinsurer’s reimbursement of cost-of-living adjustment (COLA) benefits paid after exhaustion of a self-insured employer’s statutory bond, ruling that the board improperly imposed an extra-statutory bar to recovery by denying reimbursement based on the employer’s insolvency and the reinsurer’s nonparticipation in trust fund assessments, grounds not authorized under the workers’ compensation reimbursement framework.

5th Circuit Affirms Ruling In Favor Of Insurer In Bad Faith Coverage Dispute

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Jan. 30 affirmed a lower federal court’s grant of summary judgment in favor of an insurer in a breach of contract and bad faith lawsuit, holding that the insured failed to provide evidence suggesting hail occurred within the relevant policy period and, as a result, did not establish a genuine dispute of material fact regarding whether covered damage occurred.

U.S. Issues License Allowing Transactions For ‘Venezuela-Origin Oil’

WASHINGTON, D.C. — The U.S. Office of Foreign Asset Control (OFAC) on Jan. 29 issued a general license authorizing transactions for sales of oil and oil-related assets belonging to the Bolivarian Republic of Venezuela and its affiliates, which is required due to U.S. sanctions against Venezuela, representing a key step for pending litigation in Delaware federal court where a $5.8 billion bid for Venezuela’s holdings in CITGO Petroleum Corp. was approved, pending appeal before the Third Circuit U.S. Court of Appeals.

Suit Dismissed After Plaintiffs Admit ‘Whopper’ Ads Used Real Burgers

MIAMI — A Florida federal judge on Jan. 29 dismissed a false advertising lawsuit against Burger King Corp. (BKC) for allegedly deceptively advertising burgers including the “Whopper” to appear 35% larger than they actually are, after the parties filed a joint stipulation in which the plaintiffs “acknowledge” that BKC made the ads using its authentic beef patties and BKC said it will not pursue sanctions against the plaintiffs’ lawyers.

Federal Circuit Affirms Noninfringement Finding In Streaming Patent Fight

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Jan. 29 affirmed a California federal judge’s summary judgment of noninfringement in favor of Hulu LLC, despite finding that the judge erroneously narrowed the meaning of a claim phrase, because Hulu’s accused systems did not perform the relevant processes in the order required by the patent.

6th Circuit: PBMs Properly Removed Case Under Federal Officer Removal Statute

CINCINNATI — The Sixth Circuit U.S. Court of Appeals reversed a lower court and found that two pharmacy benefit managers (PBMs) accused by Ohio of conspiring to drive up prices of prescription drugs properly removed the case to federal court under the federal officer removal statute.

Judge Partly Dismisses Architect’s Complaint Alleging Partial Home Copying

JACKSON, Miss. — A plaintiff architectural design entity can pursue claims that a property sales company infringed the design of a single element of a copyrighted home design, a federal judge in Mississippi held, but it could not pursue claims based on technical drawings the judge found were not part of the registration of the architectural work.

LATEST NEWS

9th Circuit: Judge Properly Found Securities Claims Against Crypto Firm Barred
Judge Hands Valve Summary Judgment Victories On Eve Of Patent Troll Trial
Plaintiff’s Counsel Seek Stay Of $623K Attorney Fee Sanction Pending Mandamus Writ
Parties Debate State Of Public Nuisance Opioid Case After Remand By 4th Circuit
Insurer Says No Defense, Indemnity Owed For Suits Arising From Fatal Shootings
Florida Panel Reverses Damages Order In Mobile App Car Sharing Accident Dispute
J&J Bankruptcy Delays Don’t Give Talc Plaintiffs Standing, Judge Says
Former DOL Officials, Other Amici Urge 4th Circuit Affirmance In PRT Case
11th Circuit Asked To Rehear No Coverage Ruling For $10M Invasion Of Privacy Verdict
Agency Proposes Rule That Would Require PBMs To Make Some Fee Disclosures
Ex-Google Employee Found Guilty For AI Trade Secret Theft
Appellate Panel Reverses Denial Of Cost-Of-Living Reimbursement To Reinsurer
7th Circuit Dismisses Appeal In BIPA Violation Coverage Suit Following Settlement
5th Circuit Affirms Ruling In Favor Of Insurer In Bad Faith Coverage Dispute
Participants Exclusion Bars Coverage For Negligence Suit, Federal Judge Rules
4th Circuit: Permanent Injunction Moots Appeal Of Preliminary Injunction Denial
Asbestos Committee In Georgia-Pacific Debtor’s Case To Petition Supreme Court
7th Circuit Affirms Dismissal Of CEA Violation Cases Against Financial Firms
Appellate Court Finds Trial Court Misinterpreted Parties’ Attorney Fee Agreement
Wash. Federal Judge Says Safety Expert Can Testify In Slip-And-Fall Case
6th Circuit Grants Rehearing En Banc In Class Action Suit Against Auto Insurer
Texas Panel Dismisses Pro Se Insured’s Appeal In Suit Over Hail, Wind Damage
Lawyer Says Case Disputing Attorney Fees In Benicar MDL Should Be Dismissed
U.S. Issues License Allowing Transactions For ‘Venezuela-Origin Oil’
Suit Dismissed After Plaintiffs Admit ‘Whopper’ Ads Used Real Burgers
Defendants Seek Dismissal Of Federal Crop Insurance Suit Alleging Program Fraud
Panel Affirms $1.5M Attorney Fees, No Restitution For Unfair Cemetery Contracts
Federal Circuit Affirms Noninfringement Finding In Streaming Patent Fight
Property Insurer’s Denial Of Coverage For Roof Damage Was Not Bad Faith, Judge Says
Insurance Firms Sue Ex-Executive, Engineers Over Reinsurance Trade Secrets