Bus Company To Pay $5.6M, Mitigate Massachusetts Fleet Idling To Settle CAA Suit
BOSTON — A company that operates a fleet of buses in Massachusetts agreed to implement a series of anti-idling and emissions controls and pay $5.6 million for pollution mitigation and litigation costs to settle a yearslong Clean Air Act (CAA) suit brought in federal court by an environmental group alleging violations of state anti-idling regulations.
Georgia Panel Reverses Dismissal Of Assignee’s Suit Against Insurance Broker
ATLANTA — A Georgia appeals panel on May 12 reversed a lower court’s dismissal of an assignee’s lawsuit alleging that an insurance broker failed to obtain a general liability insurance policy that did not bar coverage for liability arising out of bodily injury that was caused by assault, battery or the use of firearms, holding that the lower court erred in ruling that the claims were not assignable.
Federal Circuit: Inventors’ Suit Against PTO Undone By Their Own Statements
WASHINGTON, D.C. — Three pro se plaintiff-appellants lacked standing to sue the U.S. Patent and Trademark Office (PTO) after it rejected their request to submit their patent application as a micro entity because they failed to show that they retained an interest in the application, a Federal Circuit U.S. Court of Appeals panel held May 12, agreeing with a Texas federal judge who granted the PTO’s motion to dismiss.
Judge: DHS, ICE Violated November Injunction In Warrantless Arrest Class Case
DENVER — U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement officials “materially violated” a November 2025 preliminary injunction issued in a provisionally certified class case challenging various warrantless arrests of noncitizens, a federal judge in Colorado ruled May 12, partially granting a motion to enforce the injunction and ordering that all officers executing immigration arrests in the district must be trained on the requirements of the preliminary injunction or not make warrantless arrests.
5th Circuit Affirms Golf Cart Mark Infringement Ruling, Vacates Broad Injunction
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel affirmed a Texas federal judge’s bench trial judgment that defendant-appellant manufacturing entities infringed a battery company’s trademark on the word “Trojan” in connection with batteries for electric vehicles, including golf carts, by releasing an electric golf cart that used the word in its name; however, the panel vacated a permanent injunction entered against the defendant appellants, holding that it was overly broad.
Panel: Professional Liability Insurer Owes No Indemnification For Consent Judgment
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals affirmed a lower federal court’s grant of summary judgment in favor of a professional liability insurer in its lawsuit seeking a declaratory judgment that it has no duty to defend and indemnify a $586,682.52 consent judgment brought against its broker insured in an underlying lawsuit.
8th Circuit Issues 1st Appellate ERISA Forfeiture Decision, Orders Remand
ST. LOUIS — Becoming the first appellate court to weigh in on a growing wave of Employee Retirement Income Security Act forfeiture cases, the Eighth Circuit U.S. Court of Appeals on May 12 affirmed dismissal for lack of standing but ordered remand because it agreed with the appellant “that the district court abused its discretion by dismissing his complaint with prejudice.”
D.C. Circuit Affirms Dismissal Of FCA Suit Alleging Urine Drug Testing Fraud
WASHINGTON, D.C. — The District of Columbia Circuit Court of Appeals on May 11 affirmed a lower court’s dismissal of a relator’s qui tam suit alleging violations of the False Claims Act (FCA) and similar state and District of Columbia laws related to outpatient opioid treatment centers’ billing to government insurers for alleged unnecessary urine drug tests and the use of unlicensed addiction counselors, finding in part that the relator “failed to sufficiently allege that false claims based on medically unnecessary urine drug tests were submitted to the government for payment.”
Capacity Exclusion Bars D&O Coverage For Pharmaceutical Company, Majority Affirms
TRENTON, N.J. — A majority of the New Jersey Supreme Court on May 11 held that a directors and officers liability insurance policy’s capacity exclusion bars coverage for an underlying lawsuit brought against a pharmaceutical company insured and that the insurer had the right to refuse to contribute to the settlement of the underlying case.
High Court Extends Stay In Mifepristone Case As Parties Debate Nationwide Impact
WASHINGTON, D.C. — U.S. Supreme Court Justice Samuel A. Alito Jr. on May 11 extended an administrative stay on a Fifth Circuit U.S. Court of Appeals decision that granted Louisiana’s motion to stay the U.S. Food and Drug Administration’s 2023 decision that removed the in-person dispensing requirement for mifepristone, one of two drugs used to induce early termination of pregnancy, as the state, the manufacturers of the drug and amici from both sides of the political spectrum weigh in on what the court should do.
Claims That Nestlé Protein Drink Concealed Sugar Are Preempted, Judge Says
SACRAMENTO, Calif. — A California federal judge on May 11 dismissed with prejudice a putative class complaint against Nestlé Health Science US Holdings Inc. for violating California’s unfair competition law (UCL) and other laws by allegedly misrepresenting a breakfast drink as healthy and containing protein on its front label when it actually contained more sugar than protein per serving, finding that the claims are preempted because the consumer’s theory contradicts federal labeling requirements.