Missouri Jury Returns Verdict For Monsanto In Month-Long Glyphosate Injury Trial
ST. LOUIS — A Missouri jury on Oct. 29 returned a verdict in favor of Monsanto Co. on claims by three individuals who alleged that their or their decedents’ non-Hodgkin’s lymphoma (NHL) was caused by use of Roundup products containing glyphosate; the verdict was filed nearly a week after a Missouri judge partially granted and partially denied Monsanto’s motion for directed verdict.
10th Circuit Again Revives Fired School Official’s Religious Bias Claims Over Play
DENVER — Following a different panel’s reversal of the dismissal of discrimination claims and remand of those claims filed by a Colorado high school assistant principal who was fired after citing religious beliefs when expressing reservations about the production of a play that was to be put on by students, a 10th Circuit U.S. Court of Appeals panel reversed a summary judgment order and once again remanded the claims brought under Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act (CADA), finding that the record contains a genuine dispute of material fact as to whether the school district’s stated reasons for firing him were pretextual.
Rescoring Settlement OK’d, Objections Overruled In Former NFL Players’ Suit
BALTIMORE — Overruling objections, a Maryland federal judge granted final approval to a class settlement implementing rescoring of neuropsychological test scores to resolve a suit former NFL players filed over what they alleged was “race-norming” of the scores used to determine whether they receive disability and related benefits.
Applicant’s Bartering Claims Patent Ineligible, Federal Circuit Says
WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) properly affirmed an examiner’s rejection of an applicant’s proposed patent describing a method of exchanging gold and silver for electronically recorded purchasing value, a Federal Circuit U.S. Court of Appeals panel held, because the proposed patent describes abstract economic concepts without a necessary inventive concept.
Stay Denied In Federal Suit Challenging H-1B Fee Policy As Agencies Appeal Vacatur
SAN FRANCISCO — A California federal judge denied a motion filed by President Donald J. Trump and several federal agencies to stay proceedings in a case challenging the administration’s $100,000 payment requirement for certain H-1B worker visa petitions while an appeal of an order granting in part a preliminary injunction vacating the policies implementing the payment requirement and barring enforcement until the agencies conduct notice and comment rulemaking and required analyses under the Regulatory Flexibility Act (RFA) proceeds in the Ninth Circuit U.S. Court of Appeals.
Judge Dismisses All RICO Claims In FCA Suit Against Medical Center, Physicians
LYNCHBURG, Va. — A Virginia federal judge granted defendants’ motions to dismiss in a Racketeer Influenced and Corrupt Organizations Act (RICO) and False Claims Act (FCA) suit filed by whistleblower physicians against the University of Virginia Health System and related entities (collectively, UVA) and individuals claiming that the defendants demanded that physicians increase the cost of medical procedures through fraudulent billing, finding that the RICO claims against UVA were dismissed because of sovereign immunity and that those against the remaining defendants were dismissed for failure to state a claim.
Judge Issues TRO To Stop OMB, DHS From Airing Trump Political Ads
WASHINGTON, D.C. — A District of Columbia federal judge on Oct. 28 granted a motion by the Democratic National Committee (DNC) for a temporary restraining order (TRO) and stayed the apportionment of $20 million for political ads in commemorative funds appropriated to U.S. Customs and Border Protection (CBP), in the DNC’s suit against President Donald J. Trump, the White House Office and two government agencies, finding that the DNC is likely to succeed on its Administrative Procedure Act claim against the agencies.
7th Circuit: Copyright Claims Against NFL, Wisconsin Agency Properly Tossed
CHICAGO — In a short Oct. 28 order, the Seventh Circuit U.S. Court of Appeals affirmed a Wisconsin federal judge’s decision to dismiss a man’s copyright infringement suit against the National Football League (NFL) and the Wisconsin Department of Revenue, holding that the phrases the man used in Green Bay Packers-themed songs were unprotectable slogan-like phrases.
Judge Bars Expert Testimony, Awards Summary Judgment In Cruise Ship Fall Case
FORT LAUDERDALE, Fla. — A Florida federal judge granted summary judgment to Carnival Corp. in a passenger’s slip-and-fall suit after excluding a floor-safety expert’s testimony and a treating physician’s causation opinions and finding insufficient evidence of a dangerous condition or notice.
Spotify Proposes Judgment After Class Suit Over Alleged Bot Streams Dismissed
LOS ANGELES — Spotify USA Inc. on Oct. 28 filed its proposed judgment of dismissal in California federal court after a federal judge dismissed with prejudice a putative class action brought against it by a rapper who accused the company of negligence and violation of California’s unfair competition law (UCL) for allegedly failing to prevent billions of artificial “bot streams” of music by musicians such as Drake, which allegedly reduced the revenue pool open to competing musicians.
7th Circuit: Authors Had Right To Publish Late Psychoanalyst’s Article
CHICAGO — A Seventh Circuit U.S. Court of Appeals panel affirmed an Indiana federal judge’s grant of summary judgment to two defendant-appellee authors on copyright claims brought against them by an organization focusing on a type of psychotherapy, holding that the authors had been granted permission to use an influential psychoanalyst’s article in their book by the previous copyright owners of the essay.