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ST. LOUIS — A Missouri federal judge on Feb. 10 granted final approval to a $2.5 million nonreversionary class settlement resolving data privacy claims arising from Panera LLC’s 2024 data security breach involving unauthorized access to the names and Social Security numbers of the company’s employees, authorizing reimbursements of up to $500 in ordinary losses and up to $6,500 in extraordinary losses; following a separate data breach in January, Panera has been named as the defendant in a series of class complaints in the same court.
PHILADELPHIA — A Pennsylvania federal judge on Feb. 10 denied a company and its affiliated dermatology practices’ motion for judgment on the pleadings or dismissal in a relator’s suit asserting violations of the False Claims Act (FCA) and similar state laws for the practices’ alleged fraudulent billing to receive higher reimbursements from government health insurers, finding that the FCA’s qui tam provisions “did not usurp the executive branch’s control of its enforcement priorities” and the relators’ suit “does not violate the Appointments, Vesting, and Take Care Clauses” of Article II of the U.S. Constitution.
WASHINGTON, D.C. — Federal government parties who are arguing before the U.S. Supreme Court that individuals stopped in Mexico before crossing into the United States can’t apply for asylum under 8 U.S. Code Section 1158(a)(1) or be inspected by immigration officers under 8 U.S. Code Section 1225(a) are ignoring “Congress’s use of the present tense—as well as the present progressive ‘arriving’ in nearby provisions,” a migrant support group and others argue in their Feb. 10 respondent brief; the federal government is challenging a Ninth Circuit U.S. Court of Appeals ruling that partially upheld a permanent injunction in a class case over a now-rescinded border metering policy.
WASHINGTON, D.C. — A Maryland federal judge correctly granted summary judgment of noninfringement in a patent dispute over a technology for ballistic armor panels, a Federal Circuit U.S. Court of Appeals panel affirmed Feb. 10, because the plaintiff entity failed to show that the accused product met properly construed claim limitations.
FORT WORTH, Texas — A Texas federal judge on Feb. 10 awarded a class $4,596,287.50 of the $7,907,760.60 it requested for attorney fees following a bench trial in the Employee Retirement Income Security Act suit over environmental, social and governance (ESG) considerations and the purported proxy voting activism of nonparty investment management firms; he also denied a request for a $15,000 service award and clarified aspects of the injunctive relief ordered in the Sept. 30 final judgment denying monetary damages.
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Feb. 10 affirmed a lower federal court’s judgment in favor of an insurer in Louisiana insureds’ breach of contract and bad faith lawsuit arising from Hurricane Ida damage, rejecting the insureds’ argument that the lower court reversibly erred in excluding both evidence of the insureds’ appraisal award amount and the appraiser’s position regarding the value of their damages.
HARTFORD, Conn. — The Connecticut Supreme Court ruled Feb. 10 that state law requires employees to be paid for time spent undergoing mandatory security checks and that no de minimis exception exists, addressing two questions certified by the Second Circuit U.S. Court of Appeals in a putative class suit against Amazon entities.
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Feb. 9 affirmed a lower court’s decision that found that a Louisiana law governing the distribution to contract pharmacies of medication covered under the Section 340B drug price program of the Public Health Service Act is not preempted by federal law and is not unconstitutional.
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 published a tribunal’s order denying two American entities’ request for suspension of their arbitration against the United Mexican States for harming their interest in debt securities worth more than $219 million in violation of the North American Free Trade Agreement (NAFTA), rejecting their argument that the Mexican president is willing to negotiate because Mexico opposed the suspension.
WASHINGTON, D.C. — While a Federal Circuit U.S. Court of Appeals panel vacated some of a Massachusetts federal judge’s claim constructions in a patent infringement dispute concerning artificial blood-pumping systems for cardiac patients, the panel held in a Feb. 9 opinion that other correct claim constructions supported the judge’s entry of summary judgment of noninfringement.
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel largely affirmed the dismissal of a sprawling pro se complaint brought by the subject of a documentary titled “The Hatchet Wielding Hitchhiker,” agreeing with a California federal judge’s finding that the man’s copyright claims failed but also finding that he narrowly established a defamation claim against one defendant-appellee for potentially fabricated claims made in the documentary.