CHICAGO — The Seventh Circuit U.S. Court of Appeals on Sept. 17 affirmed a withdrawal liability ruling that is contrary to decisions by two sister circuits, saying in part that the case involves “complex” statutory provisions “and both sides offer plausible arguments”; the Pension Benefit Guaranty Corp. (PBGC) and the Chamber of Commerce of the United States of America had both filed amicus curiae briefs supporting affirmance.

NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel vacated the U.S. Environmental Protection Agency’s rule and its risk determination regarding the use of methylene chloride (MC), writing that “errors of law occurred and substantial evidence did not support EPA’s decision,” denied an environmental group’s petition for review and remanded the matter to the EPA for further proceedings.

BROOKLYN, N.Y. — A New York appellate court reversed a lower court’s ruling denying dismissal of a wrongful death suit against a nursing and rehabilitation facility and its owner and operator after a woman died purportedly from contracting COVID-19 at the facility, finding that the lower court should have dismissed the complaint because the defendants were immune from liability under the Emergency or Disaster Treatment Protection Act (EDTPA).

WASHINGTON, D.C. — The U.S. Supreme Court on Sept. 16 distributed for conference a challenge from the family of baseball player Roberto Clemente to a partly divided First Circuit U.S. Court of Appeals panel opinion that largely affirmed a Puerto Rico federal judge’s decision to dismiss a suit against Puerto Rican government entities by Clemente’s sons; while the family questions the extent to which the government entities are immune from trademark infringement suits, the government entities said in an August response that the bid for certiorari should be denied.

DENVER — Statutory and common-law bad faith claims against a property insurer and an auto insurer must be dismissed because no reasonable jury could determine that the insurers unreasonably delayed the adjustment of the insureds’ claim or unreasonably delayed payment of the claims, a Colorado federal judge said in granting the insurers’ joint motion for partial summary judgment.

ST. LOUIS — Reversing a lower court’s dismissal of a physician’s suit alleging federal and state constitutional violations against the Minnesota Board of Medical Practice and related officials regarding their investigations of complaints against him, which he alleged caused economic injuries and chilled his speech, the Eighth Circuit U.S. Court of Appeals found that the physician has standing to seek damages and prospective relief, including his opposition to COVID-19 vaccine mandates and business closures.

OAKLAND, Calif. — After upholding denial of the long-term disability (LTD) the claim of an account executive who argued that conditions including tinnitus and anxiety rendered him disabled, a California federal judge entered judgment against the claimant on Sept. 16; reviewing the denial de novo, the judge said in part that it rested on the claimant’s “failure to demonstrate that the diagnoses resulted in a disability that prevented him from working in his Own Occupation.”

PASADENA, Calif.— The Ninth Circuit U.S. Court of Appeals affirmed a lower federal court’s grant of summary judgment in favor of an insurer in an insured’s breach of contract, bad faith, unfair competition and declaratory relief lawsuit, holding that the insurer has no duty to defend against an underlying negligence lawsuit arising from sexual assault and harassment because it was brought after the policy’s coverage and extended reporting periods expired.