News & Analysis as of

Partial Summary Judgments

King & Spalding

Northern District of California Refuses to Decertify Class in Ponzi Suit Action Against Umpqua Bank

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On June 25, 2024, the U.S. District Court for the Northern District of California denied motions by Umpqua Bank to decertify a class of alleged Ponzi scheme victims and for summary judgment on the class’s entitlement to...more

Lewitt Hackman

Franchisor 101: Pieces of the Trademark Pie

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An Illinois federal district court granted partial summary judgment in a trademark dispute against Ledo Pizza System, Inc. (“System”) and Ledo Pizza Carryouts, Ltd. (“Carryouts”), a franchisor of pizza restaurants...more

Goldberg Segalla

Motion for Partial Summary Judgment of Regulator Manufacturer Denied

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Court: Supreme Court of the State of New York, New York County (NYCAL) - Plaintiff John B. Daly, Jr. worked as a mechanic for Consolidated Edison Company from 1976 to 2012. He alleged exposure to asbestos-containing gaskets...more

Goldberg Segalla

Plaintiff’s Motion for Partial Summary Judgment to Prevent Government Contractor Defense Granted

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Court: United States District Court for the Eastern District of Louisiana - In the case of Matherne v. Huntington Ingalls Inc., plaintiffs moved for partial summary judgment regarding the Avondale Interests’ government...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Federal Court Addresses Request to Vacate Consent Decree Based on Sackett

A United States District Court (W.D. Washington) (“Court”) addressed in a December 8th Order a request by Defendants Bobby Wolford Trucking & Salvage, Inc. (“Wolford Trucking”) and Karl Frederick Klock Pacific Bison, LLC...more

Hinch Newman LLP

Lead Generator Faces Devastating Monetary Penalties for Allegedly Violating Telemarketing Sales Rule

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On September 1, 2023, an Illinois federal court ruled in the matter of Federal Trade Commission v. Day Pacer LLC, et al. (N.D. Ill. Sept. 1, 2023) that Day Pacer (f/k/a EduTrek) and company executives violated the...more

Mintz - Securities Litigation Viewpoints

Judge Rakoff puts the Ripple Party on Ice as the Crypto Community and SEC Ponder their Next Moves

Just barely two weeks ago, we wrote about the half-victory for Ripple Labs in its ongoing litigation with the Securities and Exchange Commission (“SEC”), in which Judge Analisa Torres granted partial summary judgment in favor...more

Seward & Kissel LLP

Put Serta to Bed? More Genesis Mediation, DOJ Conundrum, and Bye Bye Baby?

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US mattress maker Serta Simmons receives Chapter 11 plan approval | Reuters - Serta Simmons Bedding’s recent Chapter 11 reorganization plan was recently approved by a U.S. bankruptcy court, supporting the company’s goal of...more

Lewitt Hackman

Franchisor 101: Promises to Prospectives

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A federal district court in New Jersey denied Travelodge Hotels’ motion for partial summary judgment against a former franchisee, holding there are genuine issues of fact as to Travelodge’s breach of contract claims....more

Goldberg Segalla

Boiler Manufacturer Partial Motions for Summary Judgment on Punitive Damages Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County (NYCAL) - In these asbestos actions, defendant Burnham LLC moved for partial summary judgment seeking the dismissal of the plaintiffs’ punitive damage claims, arguing the...more

Winstead PC

Appellate Court Affirmed An Order Denying A Beneficiary’s Request For Injunctive Relief To Require A Trustee To Reimburse The...

Winstead PC on

In In re McIntire, trust beneficiaries sued a trustee for multiple allegations of breach of fiduciary duty. No. 07-22-00249-CV, 2023 Tex. App. LEXIS 60 (Tex. App.—Amarillo January 5, 2023, original proceeding)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Transfer Station: Federal Appellate Court Addresses Nuisance Claim

The United States Court of Appeals for the 11th Circuit (“11th Circuit”) addressed in a December 30th Opinion an issue arising out of a nuisance action filed against a garbage transfer station (i.e., solid waste transfer...more

AEON Law

Patent Poetry: Court Awards $500K in Attorneys’ Fees to Allstate in Trade Secret Case

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A New Jersey federal court has ruled in favor of Allstate Insurance in a dispute over attorney’s fees in a case involving allegations of employee misuse of company confidential information and trade secrets. Defendants...more

McDermott Will & Emery

And the Band Played On: Reviewing Rule 54(b) Partial Summary Judgment Based on Who Did What to Whom and When

McDermott Will & Emery on

In a case where the cast of characters on both sides of the v. evolved during the lead-up to the litigation as the litigants negotiated third-party deals and formed new entities, the US Court of Appeals for the First Circuit...more

McDermott Will & Emery

Novel Derivative Sovereign Immunity Defense Struck as Forfeited

The US Court of Appeals for the Sixth Circuit affirmed a district court decision implementing a preliminary injunction and striking a new defense first asserted in an amended complaint as untimely and frivolous. ACT, Inc. v....more

Troutman Pepper

Court Grants Partial Summary Judgment in FCRA Case Based on Statute of Limitations

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In Fowler v. Preferred Collection & Mgmt. Servs., No. 8:21-cv-1038-WFJ-AAS (M.D. Fla. May 16, 2022), the court granted in part and denied in part the defendant’s motion for summary judgement as to claims asserted against it...more

Goodwin

Northern District of Illinois Grants Motion for Partial Reconsideration of Summary Judgment Decision Regarding Whether Former...

Goodwin on

Northern District of Illinois Grants Motion for Partial Reconsideration of Summary Judgment Decision Regarding Whether Former Walgreens CFO’s Statements Were Actionable; Securities Fraud Claims Against Chicken Producer for...more

Pillsbury - Policyholder Pulse blog

SXSW Seeks Resolution of Federal’s Duty to Defend Underlying Ticketholder Class Action Arising from COVID-19 Cancellation

The widespread denial of coverage under first-party property insurance policies for business interruption losses resulting from the COVID-19 pandemic has been extensively reported, but so far less attention has been paid to...more

Lewitt Hackman

Franchisee 101: Strong Releases Protect Fitness Franchisor

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A franchisee sued its franchisor, OsteoStrong Franchising, LLC, in Texas federal court after OsteoStrong terminated the franchise and development agreements. Termination occurred after the franchisee failed to timely develop...more

Davis Wright Tremaine LLP

ASBCA - Constructive Acceleration & Structural Steel Submittals

The Armed Services Board of Contract Appeals in September 2021 issued a partial summary judgment order dismissing a contractor's constructive acceleration claim asserting that the Government had not timely reviewed its steel...more

McDermott Will & Emery

Unhappy Together: No Right of Public Performance under California Copyright Law

Addressing for the first time whether California law establishes a right of public performance for the owners of pre-1972 sound recordings, the US Court of Appeals for the Ninth Circuit found no such right for music and...more

McDermott Will & Emery

Publisher’s Co-Authorship Claim Arises Under Copyright Act, Invoking Exclusive Federal Jurisdiction

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The US Court of Appeals for the Fifth Circuit reversed a district court’s dismissal of a copyright authorship dispute, finding that the district court had exclusive jurisdiction over the case because a book publisher’s claim...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Decision Suggests Insurers May Struggle to Enforce Anti-Assignment Clauses in Prior-Incurred Loss Cases

In Certain Underwriters at Lloyd’s v. AT&T Corp.,[1] Justice Cohen of the New York County Commercial Division Court granted a motion for partial summary judgment and determined that Nokia, through its predecessor Lucent, had...more

Goodwin

Delaware Court of Chancery Awards Attorneys’ Fees After Gilead’s “Glaringly Egregious” Litigation Conduct

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Delaware Court of Chancery Awards Attorneys’ Fees After Gilead’s “Glaringly Egregious” Litigation Conduct; S.D.N.Y Grants Plaintiffs’ Partial Summary Judgment in Securities Class Action Against Perrigo; SPAC Investors Launch...more

Troutman Pepper

Indiana District Court Grants Partial Summary Judgment for Defendant in FDCPA Case

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In Kinnick v. Med-1 Solutions LLC, an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized that requesting that...more

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