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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.
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.
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.
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.”
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.”
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.
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.
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.
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.
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.
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).