U.S. Courts News Reporter
The Court also found limited trademark infringement and seemingly departed from EU law.
By Sophie Goossens and Brett Shandler
On 4 November 2025, the High Court of England and Wales (the Court) handed down its long-awaited judgment in Getty Images v. Stability AI, a case brought by various entities in the Getty Images group as well as a contributor entity (collectively, Getty), essentially alleging that Stability AI had infringed IP rights asserted by Getty in the course of the … Read the rest
Lawsuits targeting businesses’ use of website tools under the California Invasion of Privacy Act (“CIPA”) increasingly are filed by so-called “tester” plaintiffs. These plaintiffs seek out websites to “test” for potential CIPA violations and then file lawsuits seeking damages for those alleged violations. A California federal court recently confirmed that a CIPA plaintiff’s “status as a tester forecloses standing” for a simple reason: a tester “actively seeks out privacy violations” and therefore “cannot claim an injury when her expectations were … Read the rest
Share
When someone makes a payment to a creditor shortly before filing for bankruptcy, the Bankruptcy Code requires the creditor to return the funds. But whether those same obligations apply to the Internal Revenue Service is less clear. On Monday, the justices will consider whether the IRS is protected by sovereign immuinity from the requirement to return funds from insolvent debtors that private creditors face.
The case, United States v. Miller, involves Section 544(b) of the Bankruptcy Code, which … Read the rest
Share
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
Individuals held in state prison can challenge their convictions in federal court through a device known as a petition for a writ of habeas corpus. But under the Antiterrorism and Effective Death Penalty Act of 1996, known as AEDPA, they generally only have one opportunity to do so. This week, … Read the rest
Public company D&O insurance policies provide entity coverage (that is, insurance for the benefit of the insured organization) only for “Securities Claims.” But what is a “Securities Claim”? That is the question that Delaware’s courts have grappled with in a long-running dispute between the telecommunications company Verizon and its insurers.
The Delaware Superior Court had held in the ongoing dispute that a litigation trustee’s state law fraudulent transfer claims against Verizon were derivative claims and therefore qualified as a Securities … Read the rest
Litigation centred around ‘maintenance’ remains an abrasive subject for litigants. For the courts, it is usually a mixed question of law and facts. However, at times, the issues involve an exercise in statutory interpretation. Recently, the Hon’ble Delhi High Court[1] ruled that a ‘divorced daughter’ cannot claim maintenance from her brother or her mother. The rationale being that a divorced daughter does not qualify as a ‘Dependent’ under Section 21 of the Hindu Adoption and Maintenance Act, 1956 (“HAMA” or … Read the rest
When we see a court dismiss a pharma product liability case on preemption grounds, we simply have to write about it. Otherwise, we’d be required to turn in our bar card, our defense hack card, and our friendly neighborhood DDL blogger card.
In Polson v. AstraZeneca Ltd. Partnership, 2023 WL 2770687 (D.Conn. April 4, 2023), the plaintiff had taken medicine to address constipation caused by opioid pain treatments. She alleged that the anti-constipation medicine caused her to suffer life threatening … Read the rest
Today we ponder “do-overs,” a timely topic as the House of Representatives struggles, over and over, to elect a speaker. As we write, the seventh unsuccessful vote has just concluded. We have learned that the record stands at 22 votes before the beleaguered candidate finally prevailed. This was in 1820, as John W. Taylor, an outspoken abolitionist, ran against a pro-slavery opponent for the seat vacated by Henry Clay, who resigned after shepherding the Missouri Compromise to victory. All kinds … Read the rest