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LITTLE ROCK, Ark. — Addressing what it noted was an issue of first impression in the state, the Division III Arkansas Court of Appeals on April 2 ruled that the state’s savings clause allows the refiling of third-party claims that surpass the state’s five-year statute of repose in a construction defect case.
CINCINNATI — A panel of the Sixth Circuit U.S. Court of Appeals on April 2 affirmed a lower court’s ruling that awarded royalty owners $10 million against a hydraulic fracturing operator for the underpayment of royalties, ruling that, under the contract, the fracking company cannot deduct the costs of “processing” and “fractionation” from the royalties they pay landowners.
WASHINGTON, D.C. — A federal judge in Delaware too narrowly construed a claim phrase regarding a “runtime engine” described in patents owned by web developer Express Mobile Inc. in a patent infringement dispute with GoDaddy.com LLC, a Federal Circuit U.S. Court of Appeals panel held April 2; the panel said the error made the reversal of a grant of summary judgment in GoDaddy’s favor necessary.
TACOMA, Wash. — A Washington state appeals court affirmed that a state court has jurisdiction over the estate of a California decedent but reversed the trial court’s attorney fee sanction against the decedent’s brother for bringing a frivolous petition against probate and denied awarding attorney fees for either party for the appeal.
SAIPAN, Northern Mariana Islands — A judge in the U.S. District Court for the District of Northern Mariana Islands on April 3 dismissed an amended petition filed by the government of the Lao People’s Democratic Republic to enforce three arbitral awards against an investor and his financing company collectively worth more than $4.5 million, finding that the awards are unenforceable against the respondents as nonparties to the underlying arbitrations and that the court lacks jurisdiction.
CHICAGO — Class members in an antitrust case accusing broiler sellers of fixing the prices for chicken who missed the deadline for excluding themselves and are now part of a more than $8 million settlement with Simmons Foods Inc. and Simmons Prepared Foods Inc. (together, Simmons) failed to show that the settlement can’t cover bid-rigging theories or that the settlement amount is too small, a Seventh Circuit U.S. Court of Appeals panel ruled, affirming a trial court’s final approval of the agreement.
KANSAS CITY, Mo. — A divided Missouri appeals court on April 1 ruled that a trial court erred in finding that testimony from an expert in a forklift injury case was inadmissible and reversed a summary judgment award, but two judges filed dissents, contending that the trial court did not abuse its discretion.
BALTIMORE — The federal government may fire probationary workers en masse if it follows certain laws and regulations, but the actions taken in multiple federal agencies failed to follow such procedures, a federal judge in Maryland ruled April 1, partially granting a motion for a stay and preliminary injunction sought by 20 states.
CHATTANOOGA, Tenn. — Concluding that parts of Tennessee law regarding pharmacy benefit managers (PBMs) are “preempted to the extent they purport to govern self-funded [Employee Retirement Income Security Act] plans,” a Tennessee federal judge issued a permanent injunction enjoining Tennessee Department of Commerce and Insurance Commissioner Carter Lawrence from enforcing those provisions against the plaintiff directly or indirectly.
WASHINGTON, D.C. — The U.S. Supreme Court on April 2 unanimously reversed the en banc Fifth Circuit U.S. Court of Appeals’ reversal of U.S. Food and Drug Administration bans of certain flavored e-liquids intended for use with e-cigarettes after finding the FDA’s bans were “consistent” with its guidance to manufacturers. The high court declined to address whether the FDA improperly changed its standards while reviewing manufacturers’ applications for approval and remanded the case for a new “harmless error” review.
FAYETTEVILLE, Ark. — An Arkansas federal judge granted summary judgment to an internet trade association in its suit against Arkansas Attorney General Tim Griffin seeking to enjoin enforcement of a state law restricting minors’ access to social media platforms, finding that the act is unconstitutional and violates rights of Arkansas residents under both the First and 14th Amendments to the U.S. Constitution.