Reconsideration Motion Denied As ‘Moot And Meritless’ In FCA Retaliation Suit
HONOLULU — After previously granting a motion by Abbott Laboratories and related entities to transfer to the U.S. District Court for the District of Minnesota a suit regarding purported retaliation against an employee who was terminated after he reported conduct he believed violated the False Claims Act (FCA), a Hawaii federal judge on Oct. 16 denied as “moot and meritless” the employee’s motion for reconsideration, finding in part that the court lacks jurisdiction over the proceeding because the case has already been transferred.
Summary Judgment Granted Against Company In Tobacco Surcharge Case
JEFFERSON CITY, Mo. — Concluding that health plan participants are entitled to summary judgment on all six claims, a Missouri federal judge on Oct. 16 ordered damages briefing in the class action that is part of a wave of Employee Retirement Income Security Act challenges to health plan tobacco surcharges; he noted that the plaintiffs seek a total of $47,808,402.09 on five claims and $37,647,290.50 on the other claim and that the defendant argues that the second amount would constitute improper duplicative damages.
California Appellate Court Upholds Insurer’s Right To Rescind Contractor’s Policies
SANTA ANA, Calif. — The Fourth District California Court of Appeal, Division Three, affirmed a trial court’s order granting an insurer’s motion for summary judgment seeking a judicial declaration that a contractor’s policy was rescinded because the contractor made material misrepresentations on its application for insurance, finding that the insurer did not waive its statutory right of rescission by not properly investigating a prior claim the contractor had submitted.
High Court Grants, Vacates, Remands Petition In German Litigation Funding Dispute
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 19 granted a petition for a writ of certiorari filed by three litigation funders seeking review of their attempt to arbitrate a discovery dispute with a German claims aggregator, vacated the Third Circuit U.S. Court of Appeals’ ruling finding no jurisdiction over the funders’ attempt to compel arbitration of a discovery application, and remanded the case “for further consideration” in light of recent precedent regarding arbitrability.
U.S. High Court Without Quorum Affirms 5th Circuit Judgment In Copyright Case
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 19 due to lack of a quorum affirmed a Fifth Circuit U.S. Court of Appeals decision to uphold a Louisiana federal judge’s determination that a songwriter and his corporation, and not a music publishing company, own the worldwide copyrights associated with the early rock ‘n’ roll song “Double Shot (Of My Baby’s Love).”
Federal Judge Nixes Bulk Of Extracontractual Claims In Storm Damage Coverage Suit
DALLAS — In a ruling on a motion for summary judgment, a Texas federal judge “largely” dismissed extracontractual claims brought by a homeowner against her insurer in a dispute over payment for alleged damages from a hailstorm but kept alive claims for breach of contract, failure to affirm or deny coverage within a reasonable time, delayed payment of insurance benefits and associated statutory damages and deceptive trade practices based on state insurance code violations.
$725.5M Judgment For Husband And Wife In Benzene Exposure Case Upheld
PHILADELPHIA — A split Pennsylvania appeals court on Oct. 15 affirmed a trial court’s $725 million judgment for a service station worker diagnosed with acute myeloid leukemia (AML) and $500,000 for the man’s wife after a jury determined that Exxon Mobil Corp.’s predecessor in interest manufactured and sold defective gasoline containing benzene.
11th Circuit: 1st Amendment Facial Challenge Fails In Minors’ Social Media Law Row
ATLANTA — The 11th Circuit U.S. Court of Appeals on Oct. 15 vacated a lower court’s preliminary injunction preventing enforcement of a Georgia statute designed to regulate minors’ access to social media and remanded, finding that while internet trade association NetChoice had associational standing to challenge the law’s validity on its members’ behalf, it did not “carry the burden it bears in connection with its facial First Amendment challenge under Moody v. NetChoice, LLC, 603 U.S. 707 (2024), or show likelihood of success on the merits regarding the vagueness challenge to the Communications Decency Act.”
Judge Finds Jurisdiction Over Laos’ Bid To Enforce $5M Awards Against ‘Alter Egos’
SAIPAN, Northern Mariana Islands — A judge in the U.S. District Court for the District of Northern Mariana Islands on Oct. 15 issued two orders denying two investment entities’ motions to dismiss a petition filed against them by the Government of the Lao People’s Democratic Republic (GOL), which is seeking to enforce arbitral awards against the entities and affiliated individuals and companies worth more than $5 million in attorney fees and arbitration costs, ruling that the court has general jurisdiction over the entities under GOL’s alter ego theory.
Montana High Court Questions Review Board’s Jurisdiction Over Attorney Fee Petition
HELENA, Mont. — The Montana Supreme Court is considering whether the Montana Board of Environmental Review has jurisdiction in an administrative proceeding under the Montana Strip and Underground Mine Reclamation Act to award attorney fees against conservation groups that the board found acted in bad faith in order to harass a mining company.
California Supreme Court Won’t Review Barretts Affiliates’ Jurisdiction Rows
SACRAMENTO, Calif. — The California Supreme Court denied a pair of petitions for review on Oct. 14, turning away challenges from nondebtor affiliates of Barretts Minerals Inc. that claimed they were not subject to personal jurisdiction in two California asbestos cases, according to the court’s docket.