Judge Orders THC Vape Companies To Correct Labels, Awards $732K In Attorney Fees
LOS ANGELES — A California federal judge on May 28 entered final judgment in favor of a certified class of consumers of Cake-brand vape products containing tetrahydrocannabinol (THC) against two nonappearing companies for violating California’s unfair competition law (UCL) and other laws by mislabeling the THC content of their vapes. The judge ordered the companies to correct their labels and awarded class counsel approximately $850,000 in attorney fees and costs.
2nd Circuit Affirms Judgment For Newsweek In Defamation Suit Over Website Article
NEW YORK — The Second Circuit U.S. Court of Appeals on May 28 affirmed a lower court ruling granting summary judgment in favor of Newsweek Digital LLC in a defamation suit related to publishing a website-based story with a quote describing covering up alleged sexual abuse at The Satanic Temple Inc., finding “that The Satanic Temple failed to establish an issue of triable fact as to Newsweek’s actual malice.”
Hospital Seeking $11.5M Refund For COVID Tax Credit Evades Motion To Dismiss
SPOKANE, Wash. — Finding that a hospital plausibly alleged that it had experienced a partial suspension of its operations during the COVID-19 pandemic due to a government order, a Washington federal judge on May 28 denied the government’s motion to dismiss the hospital’s complaint seeking payment of a tax refund of more than $11.5 million representing employee retention tax credits (ERCs) provided for by the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Monsanto, Consumers Seek Remand Of Roundup Suit With Pending $7.25B Settlement
ST. LOUIS — Removal to federal court of a Missouri state court putative class action where a $7.25 billion nationwide Roundup settlement has been preliminarily approved can’t be done by objectors to the settlement, consumers who filed the lawsuit and Monsanto Co. argue in separate motions to remand filed in the federal court; Monsanto is seeking expedited consideration of its motion.
Split Federal Circuit Finds DTSA Claims Time-Barred For Insulin Pump Dispute
WASHINGTON, D.C. — A partially split Federal Circuit U.S. Court of Appeals panel on May 28 reversed a Massachusetts federal judge’s entry of judgment against defendant-appellants accused of misappropriating trade secrets related to an insulin patch pump, holding that the plaintiff-appellee’s claims were time-barred by the Defend Trade Secrets Act (DTSA).
Panel: Policy Exclusion Bars Coverage For Basement Flooding; No Coverage Owed
CINCINNATI — The Sixth Circuit U.S. Court of Appeals affirmed a lower federal court’s summary judgment ruling in favor of an insurer in a jewelry store insured’s breach of contract and declaratory judgment lawsuit, holding that the plain, unambiguous language of a policy’s flood carveout to a water backup extension applies to and bars coverage for the insured’s basement flooding following a 2021 rainstorm in Dearborn, Mich.
6th Circuit Revives Royalty Claims Over Parliament-Funkadelic Recordings
CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel reversed a Michigan federal judge’s summary judgment ruling in favor of the leader of Parliament-Funkadelic and a related company, holding that genuine questions of fact remain as to whether the defendant entities expressly repudiated a late former band member’s claims of copyright co-ownership interests.
Judge Says Cabinet Design Not Covered By Architectural Copyright
CHARLOTTE, N.C. — A federal judge in North Carolina on May 28 dismissed a cabinet designer’s suit against homeowners and construction entities accused of infringing a copyrighted cabinet design, holding that the cabinet does not qualify as an “architectural work” despite being registered as such with the U.S. Copyright Office.
11th Circuit Affirms Ruling Tossing FCA Post-Settlement Medical Expenses Suit
ATLANTA — The 11th Circuit U.S. Court of Appeals on May 27 affirmed a lower court ruling that dismissed a couple’s suit under the False Claims Act (FCA) and the Medicare Secondary Payer Act (MSPA) alleging that insurers caused the man’s healthcare providers to present false claims to the Centers for Medicare and Medicaid Services (CMS) and that by hiding purported responsibility as primary payers, the insurers forced the couple to reimburse CMS for post-settlement medical care, finding that the insurers were not responsible to reimburse Medicare for post-settlement expenses.
Unanimous High Court Says Interstate Journey Workers Can Qualify For FAA Exemption
WASHINGTON, D.C. — In a unanimous decision, the U.S. Supreme Court on May 28 ruled that workers who transport goods on an intrastate leg of an interstate journey and do not cross state lines or interact with vehicles that do can qualify for the Federal Arbitration Act’s exemption from compelled arbitration for workers who are “engaged in foreign or interstate commerce.”
8th Circuit OKs Cumulative Counting Method In Withdrawal Liability Case
ST. LOUIS — Resolving a question regarding the building and construction industry exception (BCI) to withdrawal liability under the Multiemployer Pension Plan Amendments Act (MPPAA), the Eighth Circuit U.S. Court of Appeals affirmed a summary judgment order that upheld an arbitrator’s decision exempting an employer from paying roughly $227 million.