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U.S. High Court Grants Petition, Vacates Judgment In Glyphosate Cancer Case

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 13 granted Monsanto Co.’s petition for a writ of certiorari in a case brought by a man who says he developed cancer after exposure to the active ingredient in Roundup, vacated the judgment that followed a $28 million combined award for the man and remanded the case to a California appellate court for further consideration in light of the June 25 decision in Monsanto Co. v. Durnell.

U.S. High Court Grants DOGE, Others’ Petition In Mass Firing FOIA Case

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 13 granted a petition for a writ of certiorari filed by U.S. DOGE Service (referred to as both DOGE and USDS), then-DOGE official Elon Musk and others in the federal government seeking review for the second time of questions concerning discovery in a Freedom of Information Act (FOIA) case regarding DOGE’s authority and role in mass firings in the federal government.

Rehearing Denied In Ruling Affirming Injunction Denial In Social Media Photo Row

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 9 denied a petition for rehearing en banc of a panel’s opinion affirming a lower court order denying a woman’s motion for a temporary restraining order (TRO) and preliminary injunction to prohibit her from being criminally prosecuted for a photo of a transgender politician she posted on the social media platform now known as X, with 10 judges voting against rehearing and seven voting in favor of rehearing.

Judge Dismisses Putative Class Alleging Women Were Misled About Genetic Testing

NEWARK, N.J. — Three women who allege that they and others like them each spent thousands of dollars on preimplantation genetic testing for aneuploidy (PGT-A) cannot establish standing under a benefit-of-the-bargain theory, a New Jersey federal judge found, granting a motion to dismiss filed by the manufacturers of a testing product.

Judge Grants Motion For Fees In $1.8B Iraqi Telecom Arbitration Dispute

PHILADELPHIA — A Pennsylvania federal judge on Oct. 9 granted a Dubai-based joint venture’s motion, first filed in 2021, for reasonable attorney fees and costs incurred compelling discovery during proceedings related to its enforcement of an International Chamber of Commerce (ICC) award in its favor worth more than $1.8 billion against telecommunications companies and an Iraqi businessman that was confirmed in 2024 but denied the venture’s request for sanctions.

11th Circuit: Court Has Subject Matter Jurisdiction Over Homeowners’ Coverage Suit

ATLANTA — The 11th Circuit U.S. Court of Appeals rejected Georgia insureds’ argument that a lower court did not have subject matter jurisdiction to grant summary judgment in favor of their insurer in a coverage dispute over an underlying nuisance, negligence and trespass action brought by their neighbors, holding that a “live controversy persisted at all stages of” the lawsuit and that the insurer’s claims “handily” satisfied the $75,000 amount in controversy threshold under Title 28 U.S. Code Section 1332, 28 U.S.C. § 1332.

Amici Ask Court To Grant Petition In N.J. Row With Kalshi Over Gambling Laws

WASHINGTON, D.C. — Amici curiae on Oct. 8 filed five briefs in support of New Jersey’s petition for a writ of certiorari seeking review of a Third Circuit U.S. Court of Appeals decision that affirmed an injunction against the enforcement of New Jersey gambling laws against KalshiEX LLC, a federally regulated prediction-market exchange that allows customers to buy and sell contracts based on the outcomes of sporting events and other future occurrences, arguing from different perspectives that Congress did not use the Dodd-Frank Act to transfer regulation of sports betting from states and Native American tribes to the Commodity Futures Trading Commission (CFTC).

Litigation Funders Tell High Court New Award Doesn’t Moot Arbitrability Dispute

WASHINGTON, D.C. — Three litigation funders on Oct. 8 filed a supplemental brief telling the U.S. Supreme Court that their petition for a writ of certiorari is not moot, despite a tribunal’s new award declining to exercise jurisdiction over an application for discovery brought against them by a German claims aggregator, and arguing that the court should still grant their petition based on the underlying jurisdictional issue, vacate the Third Circuit U.S. Court of Appeals’ ruling and remand the case.

U.S. Urges Supreme Court To Review Section 11 Disclosure Standard

WASHINGTON, D.C. — In an amicus curiae brief, federal government urged the U.S. Supreme Court to review a Ninth Circuit U.S. Court of Appeals ruling on Section 11(a) of the Securities Act of 1933, arguing that the appellate court erred in finding the materiality of omitted interim financial information to be sufficient without also determining whether the omission caused an affirmative statement to be misleading.

Panel Partly Reverses Punitive Damages Ruling In Coverage Suit Prompted By Hate Mail

WEST PALM BEACH, Fla. — Following the Florida Supreme Court’s determination, in answer to a certified question, that an appeals court erred in its interpretation of Florida Statutes Section 768.72(1) when it refused to allow petitioners to amend their counterclaims to seek punitive damages against a neighbor, his insurer and the insurer’s counsel in a lawsuit arising from “hate mail” letters, the appeals court panel on remand affirmed without discussion the trial court’s order permitting amendment of the counterclaims to seek punitive damages against the neighbor but reversed the lower court’s order allowing amendment of counterclaims against the insurer and the insurer’s counsel.

High Court Petitioners Address Amicus Brief In ERISA Surcharge Case

WASHINGTON, D.C. — Ahead of the Oct. 9 U.S. Supreme Court conference for which their certiorari petition has been distributed, participants in “top hat” deferred compensation and retirement plans filed a response to the government’s amicus curiae brief that said “this case’s idiosyncratic factual context makes it an unsuitable vehicle for clarifying the propriety of surcharge relief” under the Employee Retirement Income Security Act even though the government viewed the challenged decision as erroneous.

LATEST NEWS

U.S. Supreme Court Won’t Review ERISA Ruling On Surcharge Availability
Johnson & Johnson Spinoff States Issues In Appeal Of Ruling For Talc Study Authors
Altrad Entities Found Liable For Cape Asbestos, Can’t Get Stay In South Carolina
U.S. High Court Grants Petition, Vacates Judgment In Glyphosate Cancer Case
Judge Laments Motion Quality While Addressing Mesothelioma Genetics Evidence
U.S. High Court Grants DOGE, Others’ Petition In Mass Firing FOIA Case
Insurers’ Silica Coverage Suit To Remain In California Federal Court, Judge Says
Judge Grants Joint Dismissal Motion In Hurricane Ida Coverage Row
Insurers Say No Defense, Indemnity Owed For Silica Bodily Injury Suits
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Rehearing Denied In Ruling Affirming Injunction Denial In Social Media Photo Row
Judge Dismisses Putative Class Alleging Women Were Misled About Genetic Testing
Judge Grants Motion For Fees In $1.8B Iraqi Telecom Arbitration Dispute
Judge ‘Reluctantly’ Finds Liability In Lizzie Borden Mark Row, Enters Judgment
Impossible Foods Appeals $1.5M Judgment Over Website’s Marks Infringement
Trump Creates Committee To Investigate Federal Reserve Board Of Governors Member
High Court Denies Petitions In Federal Civilian Workers’ Whistleblower MSPB Cases
Insurers Have Duty To Defend Walmart Against Opioid Suits, Arkansas Panel Affirms
11th Circuit: Court Has Subject Matter Jurisdiction Over Homeowners’ Coverage Suit
Health Groups Urge Court To Vacate FDA’s New Tobacco Product Guidance
Judge: Clerk Must Terminate Insurance Mogul’s Bid For TRO, Hearing In RICO Suit
8th Circuit Affirms Costs Award, Draws Partial Dissent Regarding ESI
E-Liquid Maker Says 9th Circuit Overlooked Loper Bright In Upholding FDA Ban
Insurer Wins Coverage Dispute Over Rabbi’s UM Claim After Hit-And-Run
Fracking Company, DOI Debate Standing In 8th Circuit Lease Rights Appeal
Florida’s Safe-Harbor Rule Bars Bad Faith Suit Against Auto Insurer, Panel Says
Amici Ask Court To Grant Petition In N.J. Row With Kalshi Over Gambling Laws
Federal Circuit: Patent Applicant Forfeited Arguments On Appeal, Before PTAB
Washington High Court Addresses Loudon In Personal Injury Case
Lab Appeals Federal Judge’s Adoption Of Ruling For Insurer In Coverage Dispute