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Insured is Third Party Beneficiary of Forced-Place Policy

Insured is Third Party Beneficiary of Forced-Place Policy

by Hutchinsons Law | Sep 23, 2026 | Law

The court denied the insurer’s motion to dismiss the insured’s fire damage claims under a forced-place policy because the insured was a third-party beneficiary of the policy. Fredericks v. Assurant Specialty, et al., 2026 U.S. Dist. LEXIS 179779 (E.D. Pa....
Lanham Act Cannot be Used to Repackage Patent Claims

Lanham Act Cannot be Used to Repackage Patent Claims

by Hutchinsons Law | Sep 23, 2026 | Law

Bright Hand LLC v. Shenzhen Aoya Kuajing Dianzi Shangwu Youxiangongsi d/b/a Mylivell, No. 1:25-cv-11700, (N.D. Ill. May 26, 2026) (Coleman, J.).Judge Coleman, in this patent infringement action involving an LED “flashlight glove” granted defendant’s...
California Court Enforces Arbitral Award Against Fernando Tatis

California Court Enforces Arbitral Award Against Fernando Tatis

by Hutchinsons Law | Sep 23, 2026 | Law

In 2017, two years before his Major League Baseball debut at age 20, Fernando Tatis, Jr. (below) entered into an agreement (the Agreement) with Big League Advance Fund I, L.P. (BLA Fund). In exchange for an upfront payment of $2 million, Mr. Tatis promised the BLA...
N.D. Cal. Dismisses Device Claim for Lack of Defect

N.D. Cal. Dismisses Device Claim for Lack of Defect

by Hutchinsons Law | Sep 23, 2026 | Law

Perez v. Apyx Medical Corp., 2026 WL 2691359 (N.D. Cal. Sept. 14, 2026), is a product liability suit alleging misrepresentations about off-label use of a company’s cosmetic surgery §510(k) device. That, at least, is how we read the complaint.  The...
Second Circuit Holds Providers Have No Private Right of Action Under No Surprises Act

Second Circuit Holds Providers Have No Private Right of Action Under No Surprises Act

by Hutchinsons Law | Sep 23, 2026 | Law

East Coast Advanced Plastic Surgery, LLC v. Cigna Health & Life Ins. Co., No. 25-2204, __ F.4th __, 2026 WL 2751786 (2d Cir. Sept. 17, 2026) (Before Circuit Judges Leval and Park, and District Court Judge Jed S. Rakoff)This week’s notable decision is yet...
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