Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fourth Circuit affirmed a district court's bench verdict against Haliron Power LLC, finding no clear error in the lower court's determination that Haliron failed to prove its claims. The appellate court applied a mixed standard of review, deferring to the district judge's factual findings while reviewing legal conclusions de novo.
The D.C. Circuit affirmed the district court's grant of summary judgment to Sibley Memorial Hospital on the appellant's race discrimination and failure-to-accommodate claims. The court held that the appellant forfeited her challenge to the accommodation claim and failed to provide sufficient evidence to support her pretext argument for discrimination.
The Seventh Circuit affirmed a lower court ruling denying a Chapter 7 debtor's request to dismiss an adversary proceeding after the bankruptcy trustee had already settled the case. The court held that the debtor lacked standing to control the litigation because the estate's liabilities vastly exceeded its assets, leaving no realistic prospect of a surplus for the debtor.
The Seventh Circuit affirmed the district court's order compelling arbitration, holding that the plaintiffs agreed to the mandatory arbitration clause by confirming their subscription with a customer service representative. The court found that the company's protocol provided sufficient notice of the terms, and the plaintiffs' failure to recall the specific interaction was insufficient to rebut the presumption of notice.
The Seventh Circuit affirmed a district court's dismissal of a plaintiff's lawsuit for failure to prosecute after he refused to comply with an order compelling arbitration. The court held that the interlocutory order to arbitrate did not merge into the final dismissal, leaving the appellate court without jurisdiction to review the arbitration ruling.
The D.C. Circuit affirmed the dismissal of a suit seeking recognition of a Jordanian judgment against Iraq, holding that the Foreign Sovereign Immunities Act provides the sole basis for jurisdiction over foreign states. The court found that neither an explicit waiver nor the commercial activity exception applied to the underlying debt dispute.
The Seventh Circuit affirmed a district court ruling that two commercial insurance policies covering a tractor-trailer involved in a fatal collision share equal payment priority. The court rejected arguments that one policy should pay first or that a specific clause created a 'super excess' tier of coverage.
The Seventh Circuit affirmed a district court ruling that two commercial liability insurance policies covering a tractor-trailer involved in a fatal collision share equal payment priority. The court held that neither insurer holds superior rights to primary coverage under Illinois law, rejecting arguments for a 'super excess' tier.
The D.C. Circuit affirmed the Federal Energy Regulatory Commission's approval of a PJM tariff amendment ending Energy Efficient Resources' eligibility for capacity auctions. The court held that the amendment was prospective and did not violate the filed-rate doctrine, even though it divested Affirmed Energy of rights to bid in future auctions.
The Ninth Circuit reversed a district court's denial of a motion to vacate a dismissal order, ruling that the lower court retained jurisdiction to consider the motion despite lacking authority to directly enforce the settlement. The appellate court directed the district court to grant the motion based on the defendants' bad faith conduct that frustrated the settlement agreement.
