9th Circuit: No Copyright Liability For Mobile Messaging Networks
SAN FRANCISCO - A California judge properly dismissed copyright infringement allegations levied against several owners of mobile multimedia networks, the Ninth Circuit U.S. Court of Appeals ruled March...
View ArticleAssociated Press Prevails Over News Service That Copied Online Content
NEW YORK - A news service that admittedly took content from The Associated Press (AP) stories is not entitled to a fair use defense to copyright infringement claims, a New York federal judge ruled...
View ArticleDelaware Firm's Website Found 'Clearly Insufficient' To Confer Okla....
TULSA, Okla. - Because a Delaware-based firm did not intentionally direct its website or any other electronic activity toward Oklahoma, a federal judge in that state on April 12 declined to exercise...
View ArticleIllinois Judge Dismisses Copyright Case On Jurisdiction Grounds
CHICAGO - An action brought pursuant to the Digital Millennium Copyright Act (DMCA) was dismissed April 9 by an Illinois federal judge, who found that a defendant website is not subject to personal...
View ArticleJudge Finds Apple's IPhones, IPads Do Not Infringe Wireless Technology Patents
WILMINGTON, Del. - In conjunction with a claims construction order issued the same day, a Delaware federal judge on April 9 concluded that Apple Inc. did not infringe two patents pertaining to the...
View ArticleJudge: Apple Can't Rely On Some Prior Art In Pennsylvania Patent Case
PITTSBURGH - Efforts by defendant Apple Inc. to invalidate a patent suffered a setback April 11, when a Pennsylvania federal judge rejected as untimely Apple's citations to newly identified prior art...
View ArticleIllinois Panel: No Coverage For Claims That Insured Violated Consumer Fraud Act
CHICAGO - Claims that an insured violated the Consumer Fraud Act by intending to put its competitors out of business so that it could dominate the diagnostic testing market fail to assert accidental...
View Article11th Circuit Certifies Questions To Florida High Court In Employers Liability...
ATLANTA - The 11th Circuit U.S. Court of Appeals on April 15 certified three questions to the Florida Supreme Court in a third party's lawsuit seeking employers liability coverage for an underlying...
View ArticlePanel: California Insurance Code Does Not Bar Insurer From Enforcing Provision
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on April 15 held that Section 554 of the California Insurance Code does not bar a professional liability insurer from enforcing its policy's...
View ArticleLegal Malpractice Action Was Perempted, Louisiana Panel Affirms
GRETNA, La. - A malpractice lawsuit against an attorney and his liability insurer is perempted, a Louisiana appeals panel affirmed April 10 (Michael G. Lewis v. Jerald L. Album, et al., No. 12-854, La....
View ArticleFederal Judge Refuses To Enter Final Judgment On General Exclusions Issue
PHOENIX - An Arizona federal judge on April 4 denied an insurer's motion for entry of final judgment on his previous ruling that a corporate agreement's "general exclusions" did not apply to the...
View ArticleJudge: Underlying Claims Are Not Based On Providing Legal Services; No Coverage
OAKLAND, Calif. - Underlying complaints against an attorney insured do not create the potential for coverage under a lawyers' professional liability insurance policy because they are not based on...
View ArticleJudge Rules On Discovery Requests In Coverage Suit Over Wrongful Discharge Claim
SEATTLE - A Washington federal judge on April 12 granted in part and denied in part an insured's motion to compel discovery from its insurer in a dispute over coverage for claims that the insured...
View Article4th Circuit: Insurer Properly Denied Coverage Of Convicted Executive
RICHMOND, Va. - Criminally convicted former Taylor Bean and Whitaker Mortgage Corp. (Taylor Bean) chairman Lee Bentley Farkas must repay the defenses fees the company's directors and officers (D&O)...
View ArticlePanel Affirms Coverage For $7M Fraud Loss Barred By Bond's Retroactive Date...
ATLANTA - The 11th Circuit U.S. Court of Appeals on April 9 affirmed a lower court's finding that coverage for an insurance premium financing company's $7 million fraud losses is barred by the...
View Article7th Circuit: No Coverage For Bank's Suit Stemming From $17.4M Embezzlement
CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 5 affirmed a lower federal court's ruling that an insurer has no duty to defend or indemnify a bank insured in its lawsuit against a...
View ArticleUmbrella Insurance Policy Is 'Inherently Ambiguous,' Indiana Panel Finds,...
INDIANAPOLIS - An Indiana appeals panel on April 8 found that, due to an umbrella insurance policy's ambiguity, there is coverage for a manufacturer insured as to products-completed operations claims,...
View ArticleInsured Files Voluntary Dismissal Of Products Liability Coverage Suit
SPARTANBURG, S.C. - An insured on March 22 filed a notice in federal court to voluntarily dismiss its lawsuit seeking coverage from its excess insurer for underlying bodily injury claims allegedly...
View ArticleReasonableness Of Claim Denial Dooms Bad Faith, Negligence Claims, Judge Rules
SEATTLE - Having previously held that an insurer properly denied coverage for a claim related to sexual abuse of a minor, a Washington federal judge on April 11 granted the insurer's subsequent motion...
View ArticleJudge Won't Reconsider Insurer's Argument That Funeral Services Exclusion...
MOBILE, Ala. - An Alabama federal judge on April 1 rejected a commercial general liability insurer's motion to reconsider her ruling that it failed to show that its policy's funeral services exclusion...
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