Stay Of IRS Tax Case Due To Related Action Denied, But Consolidation Possible
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals judge denied the Internal Revenue Service’s request to stay briefing in a tax firm’s Administrative Procedure Act (APA) challenge to the agency’s final microcaptive insurance disclosure rule pending resolution of a related appeal involving the same regulations but wrote that should either party desire to consolidate the present action with the related one, a motion should be filed.
Judge Confirms $43M Award Against Mexican Company In LNG Processing Row
NEW YORK — A New York federal judge on Oct. 1 granted Honeywell International Inc. and its subsidiary’s cross-motion to confirm an International Chamber of Commerce (ICC) award worth approximately to $43 million, including more than $20 million in attorney fees and arbitration costs, against a Mexican company for breach of a contract to fabricate gas processing units and denied the Mexican company’s petition to vacate, finding that the tribunal did not engage in misconduct, disregard the parties’ contract or exceed its powers.
Scientific Impossibility Means Claims Weren’t Enabled, Says Federal Circuit
WASHINGTON, D.C. — In a pair of Oct. 1 opinions, a Federal Circuit U.S. Court of Appeals panel affirmed a Delaware federal judge’s finding that a technology company’s patent claims asserted against Samsung Electronics Co. Ltd. and its American affiliate were invalid, agreeing with Samsung’s alternative argument that the claims were improperly enabled while disagreeing with the judge’s finding that the claims were indefinite; the panel also dismissed as moot the plaintiff-appellant’s separate challenge to findings from the U.S. Patent Trial and Appeal Board (PTAB) that one of the claims was unpatentable as obvious.
3rd Circuit: Traditional Rules Apply In Legal Publishers’ AI Copyright Fight
PHILADELPHIA — The Third Circuit U.S. Court of Appeals became at least the second federal appellate court to address artificial intelligence copyright issues after unsealing an opinion finding that while the technology is new, traditional principles govern the case and that a legal research competitor’s use of copyrighted material was not fair use.
Federal Circuit Affirms Trade Secret Win After Damages Arguments Forfeited
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Oct. 1 affirmed a Delaware federal judge’s judgment for defendants-appellees in a contract and trade secret dispute that formerly involved patent infringement claims, finding that the plaintiff-appellant forfeited its interference and damages theories advanced on appeal, which the panel said was a sufficient reason to affirm.
Split 9th Circuit Affirms Dismissal Of Challenges To Campaign Media Spending Law
SAN FRANCISCO — A divided Ninth Circuit U.S. Court of Appeals panel on Sept. 30 affirmed a lower court’s dismissal of challenges by Americans for Prosperity and Americans for Prosperity Foundation to Arizona’s Voters’ Right to Know Act, which implemented disclosure requirements for funds spent on campaign media, rejecting the argument that the law is facially unconstitutional and finding that the as-applied free-speech challenge is conclusory.
Judge Confirms 3 ICSID Awards In Assignee’s Favor Against Spain
WASHINGTON, D.C. — A District of Columbia federal judge on Sept. 30 denied the Kingdom of Spain’s motion to dismiss or stay a petition to confirm three International Centre for Settlement of Investment Disputes (ICSID) arbitral awards against it collectively worth nearly 90 million euros plus costs and interest and entered judgment for all three awards in favor of an entity to which the original award-creditors assigned their interests.
Pa. Federal Judge Denies ‘Meritless’ Motion For DNA Testing In Fracking Death Suit
HARRISBURG, Pa. — Going “one step further” than the response in opposition, a Pennsylvania federal judge held that a motion filed by the last remaining defendant in a lawsuit brought by the estate of a man who died while working at a natural gas drilling site to compel genetic testing of two children listed as beneficiaries was “meritless” and precluded by limitations prescribed by Federal Rule of Civil Procedure 35.
Split D.C. Circuit Grants Emergency Motion To Halt Carving Trump’s Name On Façade
WASHINGTON, D.C. — A split District of Columbia Circuit U.S. Court of Appeals panel on Sept. 30 granted an emergency motion by U.S. Institute of Peace (USIP) and its board seeking to prevent federal government parties from allegedly “carrying out plans to carve President [Donald J.] Trump’s name into the façade of the iconic USIP headquarters building”; the motion was filed in a case in which the USIP parties are challenging Trump’s authority to have fired them in March 2025.
Illinois Federal Judge Declines Supplemental Jurisdiction In Relator Share Dispute
CHICAGO — A pharmacist who filed a qui tam complaint against Walgreens Boots Alliance Inc., Walgreen Co. and various subsidiaries (collectively, Walgreens) on allegations that the company violated federal law by filling millions of invalid controlled-substance prescriptions and seeking payment through Medicare and other federal health care programs must turn to state courts to resolve his claims that 28 states owe him a portion of the funds they recovered in a multistate agreement reached with Walgreens and in a settlement to end federal claims reached after the government intervened.
Judge Dismisses Sugary Snacks Deceptive Labeling Class Suit With Prejudice
SAN DIEGO — A California federal judge on Sept. 29 granted a fruit snack maker’s motion to dismiss a putative class action lawsuit against it for allegedly violating California’s unfair competition law (UCL) by labeling its gummy snacks as “Made with Real Fruit Juice,” finding that the product does contain pear concentrate and that a reasonable consumer would not be deceived by the label, and denied the plaintiff leave to amend.