3rd Circuit Reverses In RICO Suit Alleging Internet Filing Of False Documentation
PHILADELPHIA — The Third Circuit U.S. Court of Appeals reversed and remanded a lower court ruling dismissing a woman’s suit alleging Racketeer Influenced and Corrupt Organizations Act (RICO) violations and Pennsylvania state law claims related to underlying suits involving a bankruptcy and a wage dispute, finding that the lower court erred in its determinations that the woman failed to allege racketeering activity and that alleged false internet filings in the underlying suits constituted intrastate wires.
10th Circuit Reverses Course On ‘Tiger King’ Funeral Video Fair Use Determination
DENVER — In a reversal from a March 2024 opinion, a 10th Circuit U.S. Court of Appeals panel affirmed an Oklahoma federal judge’s entry of summary judgment in favor of Netflix Inc. and another production company, now agreeing with the judge that video clips from a funeral used in the documentary television series “Tiger King” constituted a fair use.
High Court Puts Ruling That Would Force In-Person Visits For Mifepristone On Hold
WASHINGTON, D.C. — U.S. Supreme Court Justice Samuel A. Alito Jr. on May 4 administratively stayed a decision by the Fifth Circuit U.S. Court of Appeals that granted Louisiana’s motion to stay the U.S. Food and Drug Administration’s 2023 decision that removed the in-person dispensing requirement for mifepristone, one of two drugs used to induce early termination of pregnancy.
Judge Grants Final Approval To $27M PFAS Settlement Between Residents And DuPont
ALBANY, N.Y. — A federal judge in New York has granted final approval to a $27 million class action settlement to resolve a long-running dispute between residents and E.I. du Pont de Nemours & Co. over the per- and polyfluoroalkyl substances (PFAS) contamination of drinking water in Hoosick Falls, N.Y., finding that the settlement is “fair, adequate, and reasonable” and saying that it drew no objections and no opt-outs.
Calif. Panel Affirms Judgment For Attorney In Fraud, $17.5M Life Policy Dispute
SANTA ANA, Calif. — A California state appeals court affirmed a lower court ruling granting summary judgment to an estate planning attorney and his firm in a suit by a woman asserting that the attorney tried to defraud trust beneficiaries and the insurer that issued a $17.5 million split-dollar life insurance policy by trying to cancel the policy after a loan was obtained to fund the policy premiums, finding that the fraud claim is barred by a three-year statute of limitations.
Judge Allows Newsom’s Defamation Suit Against Fox News, Denies Attorney Fees
WILMINGTON, Del. — A Delaware state judge on April 30 denied a motion by Fox News Network (FNN) to dismiss a lawsuit brought against it for defamation per se by California Gov. Gavin Newsom regarding FNN’s claim on-air that the governor “lied” about not having a phone call with President Donald J. Trump in June 2025 and denied FNN’s request for attorney fees based on Newsom’s withdrawal of a claim for violation of California’s unfair competition law (UCL).
Split Texas Panel Denies Mandamus Petition Seeking To Toss Qui Tam Fraud Suit
AUSTIN, Texas — A split Texas appellate court on April 30 denied a petition for writ of mandamus by Novartis Pharmaceuticals Corp. seeking dismissal of a qui tam suit brought by Health Selection Group LLC (HSG) alleging fraud under the Texas Medicaid Fraud Prevention Act, finding that “the costs of discovery and the litigation process that the parties will endure are insufficient in this instance to demonstrate a lack of an adequate remedy by appeal.”
Panel: Texas Insured Not Entitled To Windfall Recovery In Hurricane Nicholas Suit
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on April 30 affirmed a lower federal court’s summary judgment ruling in favor of an insurer in a breach of contract lawsuit over an insured’s claim for roof damage caused by Hurricane Nicholas, holding that the insured failed to establish that a “full” roof replacement is necessary under the homeowners insurance policy for his alleged Hurricane Nicholas damage despite his failure to replace the roof after his 2017 Hurricane Harvey claim.
Washington Supreme Court: Insulator’s Sales Fall Outside Statute Of Repose
SEATTLE — A Washington state statute of repose covers a subcontractor’s work installing insulation at an oil refinery, but a plaintiff can still pursue a negligence claim for the subcontractor’s sale of the asbestos-containing insulation that was used at the refinery, a divided Washington Supreme Court said April 30.
Parties, Amici Dispute Bid For En Banc 4th Circuit To Review Class Cert Vacatur
RICHMOND, Va. — Arguing in part that en banc rehearing is not warranted because “[t]he panel nowhere placed class certification off-limits for all § 502(a)(2) claims involving defined-contribution plans,” an employer urged the Fourth Circuit U.S. Court of Appeals to let stand an interlocutory ruling that reversed and vacated certification of a mandatory class in an Employee Retirement Income Security Act case challenging the employer’s decision to include passively managed BlackRock LifePath Index target date funds (TDFs) in its retirement plan.
Panel Affirms Defense Verdict In Roundup Case, Overruling Plaintiff’s Objections
SAN JOSE, Calif. — In an unpublished opinion, an appellate court panel in California affirmed a verdict in favor of Monsanto Co. in a lawsuit alleging that exposure to the herbicide Roundup caused a man to develop cancer, ruling that to the extent the trial court did not limit Monsanto’s use of a separate-but-related lawsuit in questioning at trial, the plaintiff forfeited his objection to that line of questioning by not raising that specific issue at trial.