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Split N.C. High Court Vacates Class Certification In Sales Promotion Suit

RALEIGH, N.C. — A split North Carolina Supreme Court on Aug. 22 vacated class certification in a long-running case by a consumer who alleges that an illegal sales promotion under North Carolina law was used when he purchased his home water treatment system; the majority ruled that while consumers from both North and South Carolina were included in the class, the claims by the residents of South Carolina would arise under that state’s law where inducement is an element, unlike in North Carolina, and inducement creates “individualized fact questions.”

Congoleum Creditor’s Claim For Pollution Liability Barred, Split 3rd Circuit Says

PHILADELPHIA — In a divided opinion on rehearing, a Third Circuit U.S. Court of Appeals panel on Aug. 22 held that the bankruptcy court overseeing the decades-old Chapter 11 case of asbestos debtor Congoleum Corp. correctly reopened the case and found that a former affiliate of the debtor is not liable to pay for cleanup at a polluted site in New Jersey.

Texas, Florida Ask To Intervene In Mifepristone Case To Protect States’ Interests

AMARILLO, Texas — Texas and Florida say the three states that intervened in a case originated by a group of antiabortion advocates challenging the U.S. Food and Drug Administration’s approval of the abortion drug mifepristone can no longer represent their interests and on Aug. 22 moved in a Texas federal court for permission to intervene.

11th Circuit Skirts Exhaustion Issue, Won’t Revive Case Over NFL Disability Benefits

ATLANTA — Affirming dismissal on two alternate grounds without deciding whether the appellant exhausted his administrative remedies, the 11th Circuit U.S. Court of Appeals in a per curiam Aug. 22 opinion declined to revive a former NFL player’s suit over total and permanent (T&P) disability benefits that he argued he should have been awarded under a 2006 application.

Split High Court Stays District Court Vacatur Of Health Research Grant Terminations

WASHINGTON, D.C. — A sharply divided U.S. Supreme Court granted the federal government’s application for a stay of a Massachusetts federal district court order that voided the termination by the National Institutes of Health of several public health grants, including funding for COVID-related research, but left in place for now that part of the lower court order invalidating several policies that spurred the terminations.

Pregnancy Center To High Court: Federal Suit Doesn’t Require State Court Ruling

WASHINGTON, D.C. — In its Aug. 21 merits brief, a nonprofit, faith-based pregnancy center asks the U.S. Supreme Court to overturn a Third Circuit U.S. Court of Appeals ruling that the center’s constitutional challenge of a government investigative subpoena seeking donors’ personal information is not ripe because a state court had not ruled on the matter.

6th Circuit Affirms Dismissal, Summary Judgment Rulings In FCA Medicare Row

CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Aug. 21 affirmed a lower court’s rulings dismissing some claims and after discovery granting summary judgment for cancer centers and related parties in a former employee’s suit accusing the centers and related parties of violating the False Claims Act (FCA) by falsely representing that services were supervised or performed by qualified physicians and fraudulently billing Medicare and other federal insurance programs, finding in part that the lower court correctly dismissed the FCA claims regarding radiation services.

Federal Circuit Affirms Contempt Denial For Tennis Association In Patent Dispute

WASHINGTON, D.C. — A New York federal judge was correct to refuse to hold the United States Tennis Association Inc. (USTA) in contempt of a temporary restraining order (TRO) in a patent dispute involving let detection systems used at the U.S. Open Tennis Championships, a panel in the Federal Circuit U.S. Court of Appeals held Aug. 21.

11th Circuit: Traveler Prevailed In Confiscation Case, Is Due Fees, Costs

ATLANTA — The 11th Circuit U.S. Court of Appeals reversed denial of a motion for attorney fees and costs, finding that an air traveler who had $8,500 confiscated by federal agents “substantially prevailed” in his effort to claim the money after the government voluntarily dismissed the case.

Panel: Ga. Trial Court Erred Allowing FELA Case To Proceed Without Expert Testimony

ATLANTA — A Georgia trial court erred in refusing to grant summary judgment to Norfolk Southern Railway Co. because its employee, who claims that strenuous work on the railroad caused his injuries, lacked expert testimony to prove medical causation, the state appeals court held in reversing.

9th Circuit: Supertramp’s Royalty Agreement Not Terminable, Judgment Reversed

SAN FRANCISCO — A California federal judge erred in finding that a publishing agreement related to the music from the band Supertramp was terminable, the Ninth Circuit U.S. Court of Appeals held Aug. 20; the panel remanded for a judgment in favor of the plaintiff former band members who claimed that the band’s main songwriters suddenly stopped paying royalties in 2018.

LATEST NEWS

9th Circuit Grants Mandamus Relief Regarding Discovery Order Related To Meta MDL
Machine Maker Secures Summary Judgment After Judge Says Experts Are Out
Split N.C. High Court Vacates Class Certification In Sales Promotion Suit
Judge Grants Contractor, Homebuilder’s Motion For Attorney Fees
Congoleum Creditor’s Claim For Pollution Liability Barred, Split 3rd Circuit Says
2 Alabama Municipalities Say 3M Fails To Meet Its Burden For Removal Of AFFF Cases
New York Justice Orders New Trial On Apportionment After Trust Disclosures
Microplastic Leaching Suit Against Ziploc Maker Voluntarily Dismissed
Mining Company Must Pay Mexico’s Attorney Fees After Consolidation Denied
Bad Faith Claim Proceeds, Punitive Damages Request Nixed In Asbestos Coverage Suit
Parties Stipulate To Dismissing LTD Case Filed Over Commission Calculations
Texas, Florida Ask To Intervene In Mifepristone Case To Protect States’ Interests
Judge Denies Insurer’s Summary Judgment Motion, Stays Sexual Abuse Coverage Suit
EPA Says Mandamus Relief Is Not Warranted In Case About Organophosphates
11th Circuit Skirts Exhaustion Issue, Won’t Revive Case Over NFL Disability Benefits
Insurers Appeal Duty To Defend, Indemnify Ruling In Sex Trafficking Coverage Suit
Texas Panel Conditionally Grants Mandamus To Toss Fine In Auto Crash Coverage Row
1st Circuit Affirms Latest Dismissal Of Artist’s Infringement Row With Fair
Plaintiffs Suing Therapy App For Privacy Violations May Proceed Anonymously
Federal Judge: Fraud, Breach Of Contract Claims Survive In Suit Over Musk PAC
Split High Court Stays District Court Vacatur Of Health Research Grant Terminations
ERISA Forfeiture Developments Include 2 More Rulings Denying Dismissal
Judge Dismisses Contractor’s Coverage Suit After Parties Announce Settlement Reached
6th Circuit Vacates Class Certification In Action Against FirstEnergy
Administrative Stay Dissolved, Order Vacated In Immigrant Removal Class Case
Nevada Federal Judge Tosses Auto Collision Coverage Suit For Lack Of Policy Basis
Judge: News Outlet’s Copyright Suit Against AI Search Engine Proceeds
Insured Did Not Show Property Insurer Failed To Timely Make Payments, Panel Says
Maryland Firearms Examiner’s Testimony Is Admissible Under Abruquah, Court Says
Pregnancy Center To High Court: Federal Suit Doesn’t Require State Court Ruling