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Additional Dismissals of COVID Business Interruption, Civil Authority Claims

    Among the recent decisions dismissing complaints for business interruption and civil authority coverage due to closures caused by COVID-19 are  Pappy's Barber Shops, Inc. v. Farmers Group, Inc. , 2020 U.S. Dist. LEXIS 166808 (S.D. Calif. Sept. 11, 2020) and Sandy Point Dental v. Cincinnati Insurance Co. , 2020 U.S. Dist. LEXIS 171979 (E.D. Ill. Sept. 21, 2020). The difficulty in proving "direct physical loss" was the downfall of both cases.     In Pappy's , claims were made for business in...
Tags: California, Insurance, Connecticut, Calif, LLC, Plaintiffs, Tred Eyerly, Business Interruption, First Party Insurance, Farmers Group Inc, Pappy, Travelers Indem Co, COVID-19, COVID Business Interruption Civil Authority Claims, Barber Shops Inc, Sandy Point Dental


Byju’s-owned Indian startup WhiteHat Jr sues critics

Karan Bajaj, an Indian entrepreneur who teaches meditation and in his recent book invites others to live a life away from the noise, is going after the most vocal critics of his startup. Bajaj, founder of coding platform WhiteHat Jr, has filed a defamation case against Pradeep Poonia, an engineer who has publicly criticized the firm for its marketing tactics, the quality of the courses on the platform, and aggressive takedowns of such feedback. On Monday, WhiteHat Jr, filed a similar case agains...
Tags: Google, Facebook, Apps, Asia, Education, India, America, Tech, Edtech, Mary Meeker, Plaintiffs, Bajaj, Forbes India, Byju, Byju's, Whitehat Jr


A federal judge threw out a major Trump campaign lawsuit in Pennsylvania, issuing a blistering opinion refusing to disenfranchise 7 million voters

Former New York City Mayor Rudy Giuliani, lawyer for U.S. President Donald Trump, speaks during a news conference about lawsuits contesting the results of the presidential election on Thursday Nov. 19, 2020. Sarah Silbiger for The Washington Post via Getty Images In a scathing opinion released Saturday evening, a federal judge tossed out a major Trump campaign lawsuit in Pennsylvania seeking to block the certification of the state's election results. Judge Matthew Brann wrote that the Trum...
Tags: Politics, News, Washington Post, New York City, Trends, Joe Biden, Pennsylvania, Biden, Giuliani, Donald Trump, Rudy Giuliani, Trump, United States of America, Brann, Plaintiffs, Trump Campaign


Court Sends Wyze Labs Privacy Suit to Arbitration

Wyze provides home security monitoring and cameras. (They have a range of “smart home” products.) Plaintiffs sued Wyze on behalf of a putative class alleging that Wyze failed to safeguard their personal information. Wyze moved to compel arbitration. The court grants the motion. The court notes there’s not a wealth of authority in Washington state dealing with online agreements, but the cases “have consistently upheld arbitration provisions contained in clickwrap agreements.” Plaintiffs took ...
Tags: Facebook, Law, Washington, Comcast, Zappos, 23andMe, James, Privacy/security, Schwartz, Eric, Barnes, Hoffman, Ninth Circuit, Tompkins, Nguyen, Plaintiffs


Trump lawyers filed a motion in Pennsylvania to clarify they only want to block the state from certifying results of the presidential elections, not any other races on the same ballot

President Donald Trump speaks at the first day of the Republican National Convention on August 24, 2020, in Charlotte, North Carolina. BRENDAN SMIALOWSKI/AFP via Getty Images Lawyers for President Donald Trump filed a motion to clarify that their previous request to block certifying the election results in Pennsylvania only pertains to the presidential election, not the other races though they are on the same ballot, Reuters' Brad Heath reported Thursday. "Plaintiffs seek a temporary restr...
Tags: Trends, Joe Biden, Pennsylvania, General Services Administration, Associated Press, Biden, Giuliani, Naacp, Donald Trump, Trump, State, Charlotte North Carolina, Brann, Plaintiffs, Jacob Shamsian, Rudy Giuliani Trump


Firearms Policy Coalition Files Last Pre-Trail Brief in Assault Weapon Case

The Firearms Policy Coalition is challenging another so-called, “Assault Weapons” ban. IMG iStock-534364755 U.S.A. -(AmmoLand.com)- SAN DIEGO (November 18, 2020) — Firearms Policy Coalition (FPC) announced that the final pre-trial brief in Miller v. Becerra, its federal Second and Fourteenth Amendment challenge to the State of California’s ban on so-called “assault weapons,” was filed today. The brief can be viewed at FPCLegal.org. The final pre-trial conference in Miller is scheduled to take ...
Tags: Guns, Supreme Court, California, New York City, Court, United States, Va, San Diego, Miller, Call, Bennett, IMG, Reese, Lara, Heller, Greco


Firearms Policy Coalition Files Last Pre-Trial Brief in Assault Weapon Case

The Firearms Policy Coalition is challenging another so-called, “Assault Weapons” ban. IMG iStock-534364755 U.S.A. -(AmmoLand.com)- SAN DIEGO (November 18, 2020) — Firearms Policy Coalition (FPC) announced that the final pre-trial brief in Miller v. Becerra, its federal Second and Fourteenth Amendment challenge to the State of California’s ban on so-called “assault weapons,” was filed today. The brief can be viewed at FPCLegal.org. The final pre-trial conference in Miller is scheduled to take ...
Tags: Guns, Supreme Court, California, New York City, Court, United States, Va, San Diego, Miller, Call, Bennett, IMG, Reese, Lara, Heller, Greco


Google Sued After Cellular Data Allowances Eaten by Hidden Transfers

An anonymous reader shares a report: Google was sued last week for allegedly stealing Android users' cellular data allowances through unapproved, undisclosed transmissions to the web giant's servers. The lawsuit, Taylor et al v. Google, was filed in a US federal district court in San Jose on behalf of four plaintiffs based in Illinois, Iowa, and Wisconsin in the hope the case will be certified by a judge as a class action. The complaint contends that Google is using Android users' limited cellul...
Tags: Google, US, Tech, Wisconsin, San Jose, Taylor, Wi Fi, Plaintiffs, Illinois Iowa


Rudy Leaps Into Trump Camp’s Off-The-Rails PA Lawsuit Ahead Of Big Tuesday Hearing

Ahead of a crucial hearing on Tuesday afternoon, former New York City Mayor Rudy Giuliani is seeking a the last minute to represent the Trump campaign. It may be the first time Giuliani has entered his appearance in federal court in decades. The lawsuit challenging the election results in Pennsylvania has already involved multiple shakeups of the case’s legal team and a P.R. whiplash over how the case has been narrowed. In his surprise filing Tuesday morning seeking leave to enter his appeara...
Tags: Texas, News, Senate, New York City, Joe Biden, Austin, Pennsylvania, Ohio, Philadelphia, Biden, Giuliani, Rudy Giuliani, Trump, Braun, Tierney Sneed, Harrisburg Pennsylvania


Google Sued After Mobile Allowances Eaten Up By Hidden Data Transfers

Slashdot reader Iwastheone shared this report from the Register: Google on Thursday was sued for allegedly stealing Android users' cellular data allowances though unapproved, undisclosed transmissions to the web giant's servers... The complaint contends that Google is using Android users' limited cellular data allowances without permission to transmit information about those individuals that's unrelated to their use of Google services... What concerns the plaintiffs is data sent to Google's se...
Tags: Apple, Google, Tech, Samsung Galaxy S7, Vanderbilt University, Plaintiffs, Douglas C Schmidt, Iwastheone


Law firm reportedly withdraws from representing Trump campaign in Pennsylvania lawsuit

A law firm that was representing President Trump's 2020 campaign as it challenged the election results in Pennsylvania has reportedly "abruptly" withdrawn from a lawsuit it filed just a few days ago.Porter Wright Morris & Arthur withdrew from a lawsuit filed on Monday in the Federal District Court for the Middle District of Pennsylvania on behalf of Trump's campaign over alleged "irregularities" in the presidential election, The New York Times reports."Plaintiffs and Porter Wright have r...
Tags: Texas, News, Joe Biden, Pennsylvania, New York Times, The Times, Biden, Times, Puerto Rico, Trump, Plaintiffs, Porter Wright, Porter Wright Morris Arthur


Gun-Toting Couple Sues Photographer For Privacy Violation Over Photo They Used As Christmas Cards, After He Billed Them (techdirt)

You've heard of Mark and Patricia McCloskey by now. They are the St. Louis couple who waved guns at various protesters who entered their gated street in the process of marching to the nearby mayor's home, demanding the mayor's resignation. The McCloskeys seem to have quite the reputation as not the greatest of neighbors, and seem to have very strong opinions about their property. The pictures and videos of the couple waving guns around dangerously at protestors got lots of attention, and they ...
Tags: Facebook, News, Court, Missouri, St Louis, UPI, Mike Masnick, Mark, Greenblatt, Techdirt, United Press International, Plaintiffs, RedBubble, McCloskey, Cathy Gellis, Mark McCloskey


Missouri Federal District Court Again Denies Insurer's Motion to Dismiss COVID-19 Claim

    Following its earlier decision, the federal district court rejected the insurer's motion to dismiss claims for business interruption due to closure orders caused by COVID-19. Blue Spring Dental Care, LLC v. Owners Ins. Co ., 2020 U.S. Dist. LEXIS 172639 (W.D. Mo. Sept. 21, 2020).     Plaintiffs were four dental clinics impacted by Stay at Home Orders issued by state and local officials. Plaintiffs alleged that  COVID-19 and the orders forced them to suspend most of their business operations...
Tags: Insurance, Plaintiffs, Tred Eyerly, Business Interruption, First Party Insurance, Owners Ins, Cincinnati Ins Co, Civil Authority, COVID-19, Studio 417 Inc, Missouri Federal District Court, Blue Spring Dental Care LLC


Judge Orders USPS To Follow Its Own Plan For Getting Ballots In On Time

A federal judge on Friday ordered the U.S. Postal Service to follow its own purported plan to get ballots delivered to election officials in time. In a lengthy written order, U.S. District Judge Judge Emmet Sullivan laid out a series of instructions for the Postal Service aimed at areas of the country where completed ballots were taking too long to reach elections offices. In those areas, he said, USPS “shall implement the ‘Delivery’ measures outlined in USPS’s ‘Extraordinary Measures Memoran...
Tags: News, Court, Usps, Postal Service, U S Postal Service, Central Pennsylvania, Sullivan, Plaintiffs, United States Postal Service USPS, Emmet Sullivan, Emmet G Sullivan, Matt Shuham, Louis DeJoy, Election Mail, Atlanta Greater Michigan, England Oklahoma Rio Grande


First Judgment Entered for Policyholders in COVID-19 Claim

    The insureds' motion for summary judgment seeking coverage for business interruption due to the COVID-19 pandemic was granted by the North Carolina Superior Court. N orth State Deli, LLC, et al. v. The Cincinnati Ins. Co. , No. 20-CVS02569, Order Granting Plaintiffs' Motion for Partial Summary Judgment (Super. Ct. N.C., entered Oct. 9, 2020). This was the first ruling in the country finding in favor of policyholders for coverage for business income loss resulting from the COVID-19 pandemic. ...
Tags: Insurance, North Carolina, Cincinnati, Plaintiffs, Tred Eyerly, Business Interruption, First Party Insurance, All-Risk Policy, COVID-19, The Cincinnati Ins Co


MDL Panel Grants Consolidation for One Group of COVID-19 Claims

    Previously denying consolidation of all COVID-19 business interruption claims [post here], the Judicial Panel on Multidistrict Litigation allowed consolidation of one group of cases against Society Insurance Company while denying consolidation of four other groups of cases. In re Soc'y Ins. Co. COVID-19 Bus. Interruption Protection Ins. Litigation, 2020 U.S. Dist. LEXIS 183678 (J.P.M.L. Oct. 2, 2020).     Claims against Society encompassed 34 actions filed in Illinois, Indiana, Iowa, Minne...
Tags: London, Insurance, Society, ISO, Tennessee, Lloyd, Plaintiffs, Tred Eyerly, First Party Insurance, Judicial Panel on Multidistrict Litigation, COVID-19, COVID, MDL Panel Grants Consolidation for One Group, Society Insurance Company, Ins Co COVID, Illinois Indiana Iowa Minnesota Wisconsin


Workers are fighting for their right to wear Black Lives Matter gear. Here's why a lawyer says companies' decision to enforce bans is dangerous.

Employees sued Whole Foods for sending workers home for wearing BLM masks. Erin Clark/The Boston Globe via Getty Images Workers at chains including Whataburger, Ralphs, and Whole Foods are fighting for their right to wear Black Lives Matter masks and other gear on the job.  Employers have the right to create dress codes that prevent workers from wearing clothing with any sort of messaging, according to employment and discrimination attorney Wendy Greene.  However, if these policies are not...
Tags: Texas, Labor, Whole Foods, US, Trends, Seattle, Black Lives Matter, BLM, Black, Kroger, Boston Globe, Greene, Cambridge Massachusetts, Plaintiffs, Ralphs, Kate Taylor


Why We Don’t Need COVID-19 Immunity Legislation

Josh Czaczkes, Tom Baker, and John Fabian Witt Protections against COVID-19-related lawsuits remain a big piece of the debate over how Congress and state legislatures should respond to the ongoing pandemic.  But there’s been an odd omission from the debate.  No one seems to be asking who will pay for COVID 19 liability in the event that lawsuits are permitted to go forward.  Proponents of immunity legislation assume that main street businesses will foot the bill for lawsuits.  But our new r...
Tags: Congress, America, Branding, Guest Blogger, Tom Baker, OSHA, Occupational Safety and Health Administration, Plaintiffs, Yale Law School, Yale College, House Problem Solvers Caucus, John Fabian Witt, University of Pennsylvania Carey Law School, COVID, Josh Czaczkes Tom Baker, Penn Carey Law School


Lawsuit Challenging California “Assault Weapon” Ban Moves Forward

California Assault Weapons Ban U.S.A. –-(AmmoLand.com)- Firearms Policy Coalition (FPC) announced that Southern District of California Federal District Court Judge Roger T. Benitez has issued an order denying the State of California’s partial motion to dismiss in the case of Miller, et al. v. California Attorney General Xavier Becerra, et al., an FPC-led federal lawsuit challenging the constitutionality of California’s “assault weapons” ban on common semi-automatic firearms. The Court’s order...
Tags: Guns, Supreme Court, California, Court, United States, Gavin Newsom, Miller, Benitez, FPC, Plaintiffs, Firearms Policy Coalition, Xavier Becerra, Brandon Combs, Gun Rights News, Caetano, Adam Kraut


Lawyers eye neo-Nazi website founder's assets for $14M award

Attorneys for a Montana real estate agent are eyeing the assets of a neo-Nazi website operator to collect a $14 million court judgment against the man for an anti-Semitic online “troll storm” that he orchestrated against the Jewish woman and her family, court filings show. More than a year has passed since a federal judge in Montana entered a default judgment against Andrew Anglin, the Daily Stormer's founder and publisher. Plaintiffs' lawyers say the Ohio native has failed to pay any of the ...
Tags: News, Montana, Ohio, Plaintiffs, Daily Stormer, Andrew Anglin


Section 230 immunity protected Twitter from claims it aided and abetted defamation

Twitter enjoyed Section 230 immunity for aiding and abetting defamation because plaintiffs’ claims on that point did not transform Twitter into a party that created or developed content. An anonymous Twitter user posted some tweets that plaintiffs thought were defamatory. So plaintiffs sued Twitter for defamation after Twitter refused to take the tweets down. Twitter moved to dismiss the lawsuit. It argued that the Communications Decency Act (CDA) at 47 U.S.C. §230 barred the claim. The...
Tags: Twitter, Law, Chicago, Twitter Inc, Second Circuit, Plaintiffs, CDA, Evan Brown, La Liberte, Brikman, CDA Plaintiffs


Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. –Adler v. Reyes & Adler v. McNeil

Competitive keyword advertising lawsuits are still stupid, and they are still typically doomed in court. This is especially true in keyword advertising disputes between rival lawyers, something that I spoke out against in 2016. Despite that, one of these two companion cases survives a motion to dismiss, which might slightly encourage plaintiffs. Note that it took a combination of very specific facts and a sympathetic judge relying on very old law just to get past a motion to dismiss. YMMV. Adler...
Tags: Google, Amazon, Florida, Law, California, Marketing, Search Engines, Dallas, Trademark, BPI, Ftc, South Florida, Florida Bar, Moore, Reyes, Greenberg


Defense Distributed Demand Injunction Against NJ AG In 3D Printing Censorship Case

Defense Distributed Demand Injunction Against NJ AG In 3D Printing Censorship Case BELLEVUE, WA – -(AmmoLand.com)- Defense Distributed and the Second Amendment Foundation have moved for an interim injunction pending appeal by New Jersey Attorney General Gurbir Grewal in the continuing challenge of Grewal’s censorship relating to the publication of information about 3D gun production. The case is in the Fifth Circuit Court of Appeals, where a three-judge panel recently ruled unanimously that ...
Tags: Texas, Guns, US, New Jersey, State Department, Houston, Gurbir Grewal, The Foundation, Grewal, Western District of Washington, Plaintiffs, Fifth Circuit Court of Appeals, Second Amendment Foundation, Gun Rights News, Second Amendment Foundation SAF, Defense Distributed


52 Black ex-franchisees file a $1 billion racial-discrimination lawsuit against McDonald's, claiming the company sent them on 'financial suicide missions'

Black McDonald's franchisees say they were forced to close or sell more than 200 McDonald's locations due to "systematic and covert racial discrimination." Samantha Lee/Business Insider 52 Black former McDonald's franchisees are suing the fast-food giant, seeking more than $1 billion in damages. The franchisees say they were forced to close or sell more than 200 McDonald's locations due to "systematic and covert racial discrimination." Black franchisees were at such a significant di...
Tags: US, Trends, US District Court, Cnbc, Business Insider, Daniel, McDonald, National Urban League, Ferraro, Plaintiffs, Northern District of Illinois, Kate Taylor, Chris Kempczinski, McDonald s Black, But Black, Samantha Lee Business Insider


Daily Crunch: TikTok sues the US government

TikTok fights its U.S. ban, Twitter takes action against another Trump tweet and Unity files to go public. This is your Daily Crunch for August 24, 2020. The big story: TikTok sues the U.S. government TikTok is fighting back against the Trump administration’s decision to ban the popular video app in the U.S. market (unless it’s sold to an American buyer). The company filed a lawsuit today claiming that the president’s executive order was signed without evidence or due process. In its suit, ...
Tags: Social, Facebook, Apps, France, China, Singapore, US, Tech, Policy, Netflix, United States, Paris, Conan, SEC, Zoomo, Sequoia


Indiana Cities File Doomed Lawsuit Against Disney, Netflix, Demand 5% of Gross Revenues (techdirt)

A coalition of cities has filed a desperate, and likely doomed, lawsuit (pdf) against streaming providers like Netflix and Disney. In it, the cities proclaim that they are somehow owed 5 percent of gross annual revenue. Why? Apparently they believe that because these streaming services travel over telecom networks that utilize the public right of way, they're somehow owed a cut: "Defendants transmit video programming to Indiana subscribers using Internet protocol and other technologies. When ...
Tags: Verizon, News, Disney, US, Indiana, Ars Technica, Netflix, Comcast, Congressional, AT T, Ars, Public Knowledge, Feld, Plaintiffs, Karl Bode, AT T Verizon


In Latest Court Filing, ROSS Fires Back at Thomson Reuters’ Claims of Copyright Infringement

In a brief filed today in federal court in Delaware, legal research startup ROSS Intelligence fired back at Thomson Reuters’ claims that it stole copyrighted content from Westlaw in order to jumpstart development of its own product. By way of recap, TR sued ROSS on May 6, alleging that it surreptitiously stole content from Westlaw to build its own competing legal research product. It did this, TR alleged, by “intentionally and knowingly” induced the legal research and writing company LegalEase S...
Tags: Law, Uncategorized, Delaware, Thomson Reuters, Ross, Westlaw, Plaintiffs, ROSS Intelligence, Andrew Arruda, LegalEase Solutions, ROSS Plaintiffs


Cities Sue Netflix, Hulu, Disney+, Claim They Owe Cable 'Franchise Fees'

Four cities in Indiana are suing Netflix and other video companies, claiming that online video providers and satellite-TV operators should have to pay the same franchise fees that cable companies pay for using local rights of way. Ars Technica reports: The lawsuit was filed against Netflix, Disney, Hulu, DirecTV, and Dish Network on August 4 in Indiana Commercial Court in Marion County. The cities of Indianapolis, Evansville, Valparaiso, and Fishers want the companies to pay the cable-franchise ...
Tags: Disney, US, Tech, Indiana, Ars Technica, Netflix, Marion County, DirecTV, Plaintiffs, Netflix Hulu, Cities Sue Netflix Hulu Disney, Netflix Disney Hulu DirecTV, Indiana Commercial Court, Indianapolis Evansville Valparaiso


With No Evidence of COVID-19 Being Present, DC Trial Court Finds No Claim for Business Interruption

    A D.C. Superior Court rejected a business interruption claim due to closures related to the COVID-19 pandemic. Rose's 1, LLC v. Erie Ins. Exchange, Civil Case No 2020 CA 002424 B (Order dated Aug. 8, 2020). The decision is .      Plaintiffs owned a number of restaurants in the District of Coiumbia. Plaintiffs had commercial property coverage in a policy issued by Erie. The policy provided coverage for loss of income sustained due to interruption of business resulting directly from "loss or ...
Tags: Insurance, Murray, Erie, LLC, Bowser, D C Superior Court, Plaintiffs, Tred Eyerly, First Party Insurance, State Farm Fire Cas Co, Hunton Insurance Recovery Blog, COVID-19, District of Coiumbia Plaintiffs


Thomson Reuters Responds to ROSS’s Motion to Dismiss, Calling It ‘Scattershot’

More shots were fired today in the litigation battle over whether legal research startup ROSS Intelligence stole copyrighted content from Thomson Reuters’ Westlaw in order to jumpstart development of its own product. Thomson Reuters  in response to ROSS’s motion to dismiss its lawsuit, asserting that under the “notice pleading” standard of the federal courts, its complaint — alleging copyright violations and tortious interference with contractual relations — is properly pleaded. “To state a cop...
Tags: Law, Uncategorized, Thomson Reuters, Ross, Crowell Moring, Westlaw, Plaintiffs, ROSS Intelligence, Andrew Arruda, Thomson Reuters Westlaw, Feist Publ 'n s Inc, Rural Tel Serv Co, LegalEase Solutions, Westlaw ROSS