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3rd Circuit: Oil, Gas Producer Didn’t Abandon Arbitration Rights In Royalty Dispute

PITTSBURGH — An oil and gas producer sued by a class of leaseholders seeking allegedly unpaid royalties didn’t abandon its arbitration rights related to unnamed class members when it waited until after class certification to move to compel arbitration against those with arbitration clauses in their leases, a Third Circuit U.S. Court of Appeals ruled in an interlocutory appeal, vacating the trial court’s ruling and remanding.

D.C. Circuit Affirms Medical Device Repair Exemption For DMCA

WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel affirmed a District of Columbia federal judge’s finding that a medical device repair exemption that allows for the circumvention of technological protection measures (TPMs) to access clinical-operation software to diagnose, maintain or repair a device was reasonable, saying the Library of Congress reasonably concluded that such access is likely fair use.

Washington Panel Says Auto Insurer Acted Reasonably In Handling UIM Claim

SPOKANE, Wash. — A panel of the Washington Division III Court of Appeals affirmed a trial court’s summary judgment rulings on breach of contract and extracontractual claims entered in an auto insurer’s favor because the insurer acted reasonably when it told the insureds it could not evaluate their underinsured motorist (UIM) benefits claim until it knew the liability limits of the tortfeasor’s insurance policy.

Google Divestiture Rejected, Most Behavioral Remedies Accepted In Antitrust Suit

ALEXANDRIA, Va. — A Virginia federal judge on Sept. 2 rejected proposed remedies that would have required Google LLC to divest portions of its advertising technology business but accepted most of the parties’ proposed behavioral remedies as modified by the court in a suit by the U.S. government and 17 states asserting that Google violated the Sherman Act by monopolizing the publisher ad server market and the ad exchange market and by unlawful tying.

Man Awarded $28M In Glyphosate Cancer Case Doesn’t Oppose Monsanto’s Petition

WASHINGTON, D.C. — A man who says he developed cancer after exposure to the active ingredient in Roundup and who was awarded a $28 million combined award against the herbicide manufacturer filed a three-page brief on Sept. 2 responding to Monsanto Co.’s petition for a writ of certiorari in the U.S. Supreme Court stating that he “does not oppose the disposition the petition requests, which would leave it to the California Court of Appeal to apply [Monsanto Co. v. Durnell] to this record in the first instance.”

5th Circuit Dismisses Church’s Appeal In Coverage Suit For Want Of Prosecution

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Sept. 2 dismissed a church insured’s appeal of a Texas federal court’s final judgment dismissing with prejudice its claims against its commercial property insurer for breach of contract, bad faith, unfair or deceptive acts or trade practices and violations of the Texas Prompt Payment Claims Act in a coverage dispute over hailstorm damage, finding that the insured failed to timely file its appellant brief and record excerpts.

Federal Judge Rules For Insurers In Ghost Guns Coverage Dispute

NEW YORK — A federal judge in New York on Sept. 1 granted insurers’ motion for partial summary judgment in a declaratory judgment lawsuit disputing coverage for underlying claims that their mutual insured violated federal, state and local laws when it deliberately sold and shipped ghost gun parts and kits to New York, holding that the underlying “Ghost Gun” actions do not allege harm that was caused by an “accident” to trigger coverage and, therefore, the insurers have no duty to defend or indemnify.

5th Circuit Reverses Tax Change To Tobacco Companies’ Texas Settlement Payments

NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Sept. 1 reversed and remanded a ruling allocating additional liability against two tobacco companies for underpayment of their annual settlement payments to Texas based on a change to federal corporate income tax rates, writing that the payments should be calculated based on the applicable year’s profits rather than the amount set in a 2001 amendment to the settlement agreement.

Federal Judge Says N.Y. Climate Change Act Preempted By CAA, U.S. Constitution

SYRACUSE, N.Y. — Finding that New York’s embattled Climate Change Superfund Act is preempted by the U.S. Constitution and the Clean Air Act (CAA), a federal judge granted summary judgment to 22 states, coal, oil and natural gas industry groupsand organizations representing the country’s largest energy producers on claims in consolidated cases challenging the law’s constitutionality.

11th Circuit Says FCA Qui Tam Provisions Don’t Violate Appointments Clause

ATLANTA — The 11th Circuit U.S. Court of Appeals on Sept. 1 vacated a lower court order dismissing a qui tam suit alleging that medical providers and Medicare Advantage (MA) insurers violated the False Claims Act (FCA) and remanded, finding that the FCA’s qui tam provisions do not violate the appointments clause of Article II of the U.S. Constitution.

Texas Federal Judge Says States Have Standing, Agrees To Pause Mifepristone Case

WICHITA FALLS, Texas — A Texas federal judge held that Florida and Texas, which challenge federal actions involving the abortion drug mifepristone, one of two drugs used to induce early termination of pregnancy, have standing to sue, denying motions to dismiss filed by two drug manufacturers but granting the federal government’s request for a temporary stay while the U.S. Food and Drug Administration reviews the challenged actions.

LATEST NEWS

Unwanted Marketing Texts Class Suit Against Tobacco Company Dismissed By Judge
FDA Has ‘Never Complied’ With New Tobacco Product Regulations, Companies Say
Vitamin D Patent Reasonably Found Unpatentable, Federal Circuit Affirms
1st Argument In Appeals From Wave Of Tobacco Surcharge Cases Is Set
Rehearing Petitions Filed On Federal Circuit Patent Marking, Sanctions Decision
Software Makers: Federal Circuit Should Rethink Vacatur Of $12.7M Copyright Award
10th Circuit Dismisses Mineral Rights Holders’ Appeal Of Show Cause Order
FDA, Vape Company Agree To Dismiss 5th Circuit Appeal Over Unauthorized Sales Fine
Oil And Gas Companies Warn Of Problems With Panel’s Mineral Rights Royalty Ruling
Split Pennsylvania Appeals Court Says Gas Well Pad Objectors Lacked Standing
Judge Remands Suit Against Tobacco And Chemical Companies To State Court
Federal Circuit Vacates PTAB Obviousness Finding Over Prior Art Filing Date
5th Circuit Says FDA’s Vape Application Rule Violated APA
Vape Companies Tell 4th Circuit ITC Intruded In Private Patent Dispute
3rd Circuit: Oil, Gas Producer Didn’t Abandon Arbitration Rights In Royalty Dispute
11th Circuit Won’t Rehear Ruling Affirming Dismissal Of FCA Post-Settlement Suit
Life Insurer Seeks To Rescind $100K Policy For Alleged Misrepresentations
D.C. Circuit Affirms Medical Device Repair Exemption For DMCA
Washington Panel Says Auto Insurer Acted Reasonably In Handling UIM Claim
Google Divestiture Rejected, Most Behavioral Remedies Accepted In Antitrust Suit
Judge Grants Preliminary Injunction As To Part Of Illinois PBM Law
Judge Imposes $8,000 Sanction Against Attorney For Use Of AI
Man Awarded $28M In Glyphosate Cancer Case Doesn’t Oppose Monsanto’s Petition
5th Circuit Dismisses Church’s Appeal In Coverage Suit For Want Of Prosecution
Unflavored Tobacco Rules For Premium Cigars Not Preempted, 9th Circuit Says
Plaintiffs, Defense Leadership Counsel Named For Toe Joint Implant MDL
Mass Tort Cases For Drugs, Medical Devices
Mifepristone Drugmaker: Louisiana Has Not Demonstrated Standing In REMS Dispute
PBMs Say Certification Of Appeal For Public Nuisance Claim In Opioid Case Necessary
2nd Amended Offshore Oil Complaint Dismissed; Further Amendments Denied