Westlaw Journals weekly round-up

July 2, 2014

Westlaw Journals Weekly RoundupHighlights from the past week’s litigation headlines over at the Westlaw Journals blog include some of the lesser publicized Supreme Court actions earlier this month, an insurer’s victory against a skateboard maker and a legal blogger’s response to an Federal Aviation Administration email restricting a volunteer search-and-rescue organization’s use of unmanned aircraft systems:

Supreme Court punts review of FIRREA’s extender statute: The U.S. Supreme Court has vacated a federal appeals court decision concerning application of the Financial Institutions Reform, Recovery and Enforcement Act’s “extender statute” to certain securities law claims, citing the high court’s holding a week earlier in another extender statute case. In a brief opinion June 16, the Supreme Court remanded a securities suit by the National Credit Union Administration Board to the 10th U.S. Circuit Court of Appeals for reconsideration in light of its ruling in CTS Corp. v. Waldburger et al., No. 13-339, 2014 WL 2560466 (U.S. June 9, 2014). (Derivatives)

Supreme Court won’t decide if Clean Air Act preempts state nuisance claims: The U.S. Supreme Court has declined to review a federal appeals court decision that revived a lawsuit brought by Pennsylvania residents who allege state nuisance claims for property damage allegedly caused by emissions from a coal-fired power plant. On June 2 the high court denied GenOn Power Midwest’s request to address whether the Clean Air Act, 42 U.S.C. § 7401, preempts nuisance claims under state common law. If the appellate court’s decision were upheld, GenOn Power said, it would prohibit facility emissions that are permitted by federal and state regulators. (Environmental)

9th Circuit: ‘Wave’ skateboard maker not entitled to coverage in trademark case: Great American E&S Insurance Co. owes no coverage to the maker of the Wave-brand skateboard in a trademark dispute because the company’s alleged infringement predated its insurance policy, a federal appeals court has ruled. The June 10 ruling by the 9th U.S. Circuit Court of Appeals means that the insurer does not have to defend against or settle claims that Street Surfing LLC’s logo copied another skateboard maker’s registered trademark. (Insurance Coverage)

Volunteer search team’s protest of FAA UAS restrictions premature, blogger says: Mark E. McKinnon, a partner at McKenna Long & Aldridge, says in a June 16 blog post that Texas EquuSearch Mounted Search and Recovery Team hastily filed a petition contesting a Federal Aviation Administration email restricting the volunteer group’s use of unmanned aircraft systems in its search and rescue efforts. “The [aviation safety inspector’s] email [to Texas EquuSearch] is most akin to the situation where a speeding driver is stopped on the highway and the state trooper tells the driver what the speed limit was, and then lets him off with a warning,” McKinnon said. “A traffic court judge would give you some odd looks if you appeared and tried to appeal your warning.” (Aviation)