Correspondent
White House correspondent, covers patent, trade and regulatory news
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.
The First Circuit vacated summary judgment on design defect claims because expert testimony raised a genuine dispute over whether a reasonable alternative design could have prevented a fatal accident. The court affirmed summary judgment on manufacturing defect and maintenance claims, finding insufficient evidence to link the missing safety barrier to the victim's entry into the danger zone.
The Seventh Circuit reversed a summary judgment that had enforced a settlement agreement based on a brief email exchange. The court held that because essential terms remained open for future negotiation, the parties had not formed a binding contract.
The First Circuit affirmed the dismissal of a negligence and public nuisance suit against an online firearms marketplace for lack of personal jurisdiction based on pre-2017 contacts. However, the court vacated the dismissal to allow jurisdictional discovery, ruling that evidence of thousands of New Hampshire-specific listings from 2018 onward may establish that the company purposefully availed itself of the state's laws.
The First Circuit affirmed a district court ruling that a partially completed beneficiary designation form under the Federal Employees' Group Life Insurance Act was valid. The court held that the statutory requirement of a signed and witnessed writing was met, and the appellant failed to provide medical evidence proving the insured lacked mental capacity.
The Seventh Circuit affirmed a district court ruling that a federal judgment creditor's secured interest in a debtor's assets takes priority over a state judgment creditor's claim, even after the state creditor obtained a retroactive correction to fix a misnomer in his judgment. The court held that the federal district court had appellate jurisdiction over the final turnover order and that the Rooker-Feldman doctrine did not bar the federal court from adjudicating the priority dispute between the competing creditors.
The Seventh Circuit vacated a district court dismissal of a consumer's federal claims against a creditor, ruling that the Rooker-Feldman doctrine does not bar suits alleging independent post-judgment debt collection misconduct. The appellate court held that claims regarding deceptive collection practices occurring after a state garnishment order are distinct from challenges to the state court's judgment itself.
The Eleventh Circuit vacated a district court dismissal of parents' negligence claims against the United States regarding child abuse at a government daycare. The appellate court held that the government's duty to protect the children was independent of the abusers' employment status, placing the claims outside the Federal Tort Claims Act's intentional tort exception.
