Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fourth Circuit dismissed an appeal challenging orders that denied motions to disqualify a district court judge and counsel. The court held that these orders were neither final judgments nor appealable interlocutory or collateral orders under federal law.
The Fourth Circuit affirmed the district court's dismissal of Harry Gingold's employment-related claims against West Virginia University officials. The appellate court found no reversible error in the lower court's denial of Gingold's motions to alter the judgment or amend his complaint.
The Tenth Circuit affirmed summary judgment for insurance companies, holding that a motorcycle accident was plainly excluded from coverage under the applicable policies. The court rejected the argument that conflicting policy exceptions created an ambiguity, finding the exclusions operated independently under Colorado law.
The Tenth Circuit affirmed summary judgment for insurance companies, holding that a motorcycle accident was clearly excluded from coverage under the plain language of the policy declarations. The court rejected arguments that conflicting exclusions created an ambiguity, ruling that Colorado law requires enforcement of explicit exclusions that bar coverage for unlisted vehicles.
The Third Circuit affirmed the dismissal of claims against Dr. Mogerman but vacated summary judgment on remaining medical negligence claims. The court held that Pennsylvania's certificate of merit rule does not apply to Federal Tort Claims Act actions in federal court.
The Fifth Circuit affirmed summary judgment for Union Pacific Railroad Company in a personal injury case involving a minor injured on railroad tracks. The court held that the danger of a moving train and the specific risk of slack action were open and obvious under Texas law, negating any duty to warn or protect the child.
The Fifth Circuit affirmed the denial of asylum, withholding of removal, and Convention Against Torture protection to a Nepalese citizen who failed to appear at his immigration hearing. The court held that the petitioner's erroneous assumptions about prior notices and venue motions did not constitute the 'exceptional circumstances' required to vacate an in absentia removal order.
The Fifth Circuit dismissed Timothy Barton's appeal regarding specific receivership orders for lack of jurisdiction while affirming the district court's approval of a property sale. The court clarified that while receiverships have broad powers to manage assets, interlocutory appeals are limited to orders appointing receivers or refusing to wind them up.
The Ninth Circuit held that a clickwrap agreement for Hyundai's Connected Services did not clearly and unmistakably delegate arbitrability questions to an arbitrator in a class action. The court further ruled that the arbitration clause did not cover product defect claims unrelated to the Connected Services, as such an interpretation would lead to absurd results.
The Supreme Court held that an internet service provider is not contributorily liable for user copyright infringement merely because it knows specific subscribers are infringing. Liability requires proof that the provider affirmatively induced the infringement or provided a service specifically tailored to it.
