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On Friday, video game company Nintendo of America Inc. filed a complaint against individual Gary Bowser in the Western District of Washington over the defendant’s purported pirating operation that allegedly infringed its copyrights for the Nintendo Switch.
According to the complaint, the defendant “is one of the leaders of Team Xecuter, a pirate operation that unlawfully manufactures and traffics in an unauthorized operating system called the ‘SX OS,’ and accompanying piracy tools which install it (the ‘Circumvention Devices’), for commercial gain.” Nintendo alleged that the Circumvention Devices and SX OS’s purpose are “to hijack the Nintendo Switch…by interrupting and bypassing its technological security features and protections.”
Nordstrom Suit Tests Whether Civil Unrest Is Single Insurance Occurrence or Multiple insurancejournal.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from insurancejournal.com Daily Mail and Mail on Sunday newspapers.
Nordstrom Lawsuit Says Civil Unrest Was a Single Event, Only 1 Deductible Owed By Claims Journal Staff | March 9, 2021
Nordstrom Inc. has filed suit against its insurers, seeking a court declaration that they must treat nationwide civil unrest last spring and summer as a single occurrence rather that separate events that would require the department store chain to pay separate $1 million deductibles.
“Nordstrom asks the court to declare that the nationwide civil unrest that followed George Floyd’s killing constitutes a single ‘occurrence’ under each of the defendants’ policies,” says the lawsuit, which was filed Friday at the U.S. District Court in Seattle.
Plaintiffs in Some States Defy Insurer Winning Streak in COVID Lawsuits
To anyone keeping score, it appears that insurers are crushing policyholders who sued for business income lost because of COVID-19 restrictions.
As of Tuesday, insurers had won 147 motions for dismal or summary judgment in state and federal courts, according to a litigation tracker maintained by the University of Pennsylvania’s Carey Law School. Policyholders had won only 34 cases in early rounds less than one out of five.
But if you look closer, glaring outliers emerge.
In Ohio, insurers had won only two of 11 motions to dismiss or for summary judgment, as of Tuesday. In one case, Henderson Road Restaurant Systems et al v. Zurich American Insurance Co., a federal judge actually granted summary judgment in favor of the policyholder.