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7th Circuit Affirms $193M Medicare Drug Rebate False Claims Judgment Against Lilly

CHICAGO — The Seventh Circuit U.S. Court of Appeals affirmed a final judgment of $193 million against Eli Lilly & Co. stemming from a False Claims Act jury verdict for reporting falsely deflated drug prices to the government.

‘Problematic’ Talc Securities-Class Ruling Requires Rehearing, J&J Warns

PHILADELPHIA — A panel opinion allowing courts to put aside the rigorous analysis traditionally required for class certification and creating a new standard for price impact disclosures in securities actions will have a “problematic” influence in district court cases involving billions of dollars, Johnson & Johnson entities defending claims that they hid the presence of asbestos in talc from shareholders tell the Third Circuit U.S. Court of Appeals.

Split D.C. Circuit Denies Stay Of TRO In Federal Reserve Governor’s Firing Suit

WASHINGTON, D.C. — A divided District of Columbia Circuit U.S. Court of Appeals panel on Sept. 15 declined to stay a district court’s temporary restraining order (TRO) as to the purported removal of Federal Reserve Governor Lisa D. Cook.

FTC, Chegg Stipulate To $7.5M Judgment In ROSCA Dispute Over Cancellation Policies

SAN JOSE, Calif.  — The Federal Trade Commission (FTC) and Chegg Inc., an online textbook rental service, on Sept. 15 filed a joint motion for a stipulated order for a permanent injunction and monetary judgment in a California federal court in the FTC’s suit alleging violations of the Restore Online Shoppers’ Confidence Act (ROSCA) for Chegg’s purported failure to provide subscribers with a “simple” method to cancel recurring charges, stating that the parties have agreed to a $7.5 million judgment against Chegg and that Chegg is permanently “enjoined from failing to provide a simple mechanism for a consumer to cancel.”

After Voluntary Dismissal, Judge Tosses Newsmax Streaming Services Suit Against Fox

WEST PALM BEACH, Fla. — In an order entered Sept. 15 after plaintiff Newsmax Broadcasting LLC filed a notice of voluntary dismissal, a Florida federal judge dismissed without prejudice Newsmax’s complaint against Fox News Network LLC and Fox Corp. alleging violations of the Sherman Act and Florida state law related to Fox News’ purported “market power to coerce distributors,” including virtual multichannel video programming distributors, “into not carrying or into marginalizing other right-leaning news channels, including Newsmax.”

2 Of 3 Plaintiffs In 28-Year Teacher Class Suit Granted Incentive Awards

NEW YORK — Two of three named plaintiffs in a more than 28-year-long race bias class suit over teacher licensing requirements in New York City were each awarded incentive awards of $272,996 by a federal judge in New York, who reserved judgment on the $2.9 million incentive award requested by the final named plaintiff as briefing is not yet complete.

Split 9th Circuit: Totaled Vehicles’ Actual Value Dooms Class Certification

PHOENIX — Individual questions surrounding the calculation of the actual cash value (ACV) of insureds’ totaled vehicles predominate, preventing certification of a class of Progressive customers, a divided Ninth Circuit U.S. Court of Appeals panel ruled Sept. 12, affirming a trial court denial of class certification.

6th Circuit: ‘Limited’ Sex History Evidence Allowed In Fired Hospital Worker Case

CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel found in affirming a lower court judgment that a federal judge in Tennessee did not err when ruling that a fired hospital employee was required to prove that she believed an alleged sexual encounter with a security guard was not consensual to make a sexual assault claim pursuant to a Title VII retaliation claim and that allowing admission of “limited evidence” of the employee’s sexual history at trial was not an abuse of discretion.

Disney’s JMOL Win In Face Capturing Software IP Fight Reversed By 9th Circuit

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel held that a California federal judge erred by granting posttrial judgment as a matter of law in favor of Walt Disney Pictures on a software company’s copyright infringement claim, holding that there was sufficient evidence for a jury to plausibly find that Disney was liable for vicarious infringement of the company’s facial imaging software.

3M Removes AstroTurf PFAS Case Brought By Former Pro Baseball Players’ Widows

PHILADELPHIA — The 3M Co. on Sept. 12 removed to Pennsylvania federal court a lawsuit brought against it and other makers or suppliers of per- and polyfluoroalkyl substances (PFAS) by former players and some widows of former players for the Philadelphia Phillies baseball team who allege that the companies are liable for wrongful death and other harm due to the presence of PFAS in the artificial turf that was used for the surface of the baseball field in Veterans Stadium, the team’s former home stadium.  3M argues that the federal officer removal statute applies because the alleged PFAS contamination is linked to its manufacture of the firefighting agent aqueous film forming foam (AFFF) for the U.S. military and says the players’ alleged injuries stem from the fact that they drank local water, which is tainted with AFFF.

California Attorney Must Pay $10K For AI Hallucinations In Employment Appeal

LOS ANGELES — A California appellate panel on Sept. 12 said it is the first court in the state to address an attorney using AI and filing briefs containing “fake legal authority” and ordered the lawyer to pay $10,000 in sanctions for filing two briefs written with “AI tools” in an unsuccessful appeal of summary judgment granted in favor of a company and its owner on her claims for retaliation, termination and violation of California’s unfair competition law (UCL).

LATEST NEWS

Federal Judge Grants Insurer’s Motion To Dismiss Wrongful Death Coverage Suit
6th Circuit Upholds No Standing Ruling In Contaminated Peanut Butter Class Case
Judge Rules On Summary Judgment Motions In Copyright Infringement Coverage Suit
EPA Says Parts Of PFAS Drinking Water Rule ‘Invalid,’ Wants Them Vacated
Philips Recalls Batch Of Sleep Apnea Devices, Citing Software Issues
Character Technologies Defendants Belong In Florida Court, Family Says
Pension Funds Fail To Plead Falsity Regarding Airplane Part Defects
Judge Partly Grants Certification In Suit Over Origin Of ‘Japanese’ Alcohol
7th Circuit Affirms $193M Medicare Drug Rebate False Claims Judgment Against Lilly
‘Problematic’ Talc Securities-Class Ruling Requires Rehearing, J&J Warns
After Settlement Negotiations, Magistrate Orders Conference In Coverage Dispute
Split D.C. Circuit Denies Stay Of TRO In Federal Reserve Governor’s Firing Suit
Parent Files Wrongful Death Suit Against Roblox, Discord Over Teen Son’s Suicide
Insurers Fail To Settle Equitable Contribution Suit Over Unlawful Recording Claims
Federal Judge Reduces Fees Insurer Must Pay In LTD Case To Just Over $314,000
PPP Loan Recipient Suing SBA For Loan Forgiveness Final Determination Drops Suit
FTC, Chegg Stipulate To $7.5M Judgment In ROSCA Dispute Over Cancellation Policies
Judge Certifies New York Class, Denies California Class In Elderberry Extract Suit
Assistant U.S. Attorney Says She Was Fired Due To Criticism Of Father, James Comey
Judge Refuses To Enjoin Fresno Regulation Of Smoke Shops
After Voluntary Dismissal, Judge Tosses Newsmax Streaming Services Suit Against Fox
2 Of 3 Plaintiffs In 28-Year Teacher Class Suit Granted Incentive Awards
Benton Harbor Residents Say Water Plant Operator’s Conduct Was ‘Shocking’
Insured’s Assignees Say Coverage Owed For Underlying Carbon Monoxide Suit
Gasoline Companies Ask Court To Apply Prior Ruling That Excludes Some MTBE Claims
Reinsurer, General Agency Voluntarily Dismiss Doctor In RICO Case
Countertop Manufacturer Seeks Coverage For Underlying Silica Bodily Injury Suits
Reinsurer Claims Lack Of Issue Preclusion In Mine Subsidence Suit Against Railroad
J&J Says Business Records Stipulation Doesn’t Apply Globally To Asbestos Cases
Insurer Moves For Judgment To Appeal Ruling In Suit Brought By Petroleum Company