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West Virginia, Illinois Settle PCB Cases With Monsanto For A Combined $180.5M

CHICAGO — West Virginia Attorney General J.B. McCuskey on Dec. 2 announced a $60.5 million settlement with Monsanto Co. and its affiliates to resolve claims involving contamination from polychlorinated biphenyls (PCBs). The announcement came one day after Illinois Attorney General Kwame Raoul announced that the state has reached a $120 million settlement with Monsanto to resolve similar claims related to PCB contamination.

9th Circuit: Judgment Appropriate After District Court Gave Repeated Warnings

PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel affirmed the default judgment ordered against a company and the couple that served as its executives in an enforcement action brought by the Securities and Exchange Commission alleging that the company made material misrepresentations and omissions to investors, finding that the default judgment order was appropriate because the defendants had been cautioned numerous times about retaining counsel and the need to appear at court-scheduled hearings.

6th Circuit Affirms Dismissal Of Reimbursement Suit As Preempted By ERISA

CINCINNATI — Saying in part that each of the “alleged breaches of duty rests entirely upon what” a health insurance plan governed by the Employee Retirement Income Security Act “does (or does not) say,” the Sixth Circuit U.S. Court of Appeals on Dec. 2 affirmed dismissal of a lawsuit that featured state law claims it agreed were completely preempted.

$48.5M Deal That Followed ERISA Jury Verdict Wins Final OK, With Incentives

NEW YORK — Granting three $25,000 case contribution awards over the defendants’ opposition, a New York federal judge on Dec. 2 gave final approval to a class settlement that was struck after a rare Employee Retirement Income Security Act jury trial in a challenge to the record-keeping and administration fees of a multiple employer retirement plan; the deal includes a $48.5 million payment that with interest now totals $49,539,537, and class counsel were awarded a third of that total for attorney fees as requested.

Judge Grants Arbitration, Stays Wiretap Class Action Against Toyota, Progressive

SHERMAN, Texas — A federal judge in Texas on Dec. 2 granted Toyota Motor North America Inc.’s motion to compel arbitration and stay a class action alleging that Toyota, Progressive Casualty Insurance Co. and a provider of data analytics services in the automotive industry violated the Federal Wiretap Act and are responsible for injuries they inflicted on tens of thousands of class members because of their unauthorized collection and dissemination of private information from Toyota vehicles.

Massachusetts Court Enters Judgment Exceeding $803,000 For Smoker’s Cancer Death

WOBURN, Mass. — A Massachusetts court on Dec. 1 entered judgment worth more than $803,000 in favor of a smoker’s estate after a jury awarded the estate only medical expenses for the smoker’s death from lung cancer after smoking for approximately 55 years and awarded no further compensatory or punitive damages against two tobacco companies or a local retailer.

Standing Is Focus Of High Court Argument In Suit Over Pregnancy Center Subpoena

WASHINGTON, D.C. — The U.S. Supreme Court heard oral arguments on Dec. 2 in a dispute concerning the New Jersey attorney general’s subpoena for information including the identity of pregnancy center donors, with the petitioner contending that the center operator had standing to sue in federal court as soon as the subpoena was issued and the respondent countering that standing requirements are still unsatisfied.

In ‘First Impression’ FCA Medicare Suit, 1st Circuit Affirms Judgment For Lab

BOSTON — The First Circuit U.S. Court of Appeals on Dec. 1 affirmed a district court’s grant of summary judgment to a lab and its owners in a medical practice’s qui tam suit alleging violations of the False Claims Act (FCA) and similar state laws related to billing Medicare for alleged medically unnecessary urinary tract infection (UTI) testing, finding that the medical practice failed to show that the lab and its owners should have known the tests were not medically necessary.

Government: High Court Review Of Glyphosate Case Needed, FIFRA Ruling ‘Incorect’

WASHINGTON, D.C. — The federal government on Dec. 1 filed an amicus curiae brief in the U.S. Supreme Court supporting the petition of Monsanto Co., which is challenging a $1.25 million damages award for injuries from exposure to the herbicide Roundup. The government says that the lower court’s decision, which rejected Monsanto’s argument that the lawsuit was preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), is “incorrect.”

Judge Won’t Decertify ‘Orthodontic’ Pacifier Multi-State Class Action

CHICAGO — An Illinois federal judge on Dec. 1 denied motions for class decertification and for summary judgment filed by two companies that are accused of deceptively marketing pacifiers as “orthodontic” in violation of Illinois law, California’s unfair competition law (UCL) and the consumer protection laws of several other states, and denied Daubert motions to exclude experts filed by both the plaintiffs and the defendants.

High Court Hears Arguments On ISP’s Liability For Users’ Infringement

WASHINGTON, D.C. — The U.S. Supreme Court heard oral arguments on Dec. 1 from an internet service provider (ISP) that contends that it can be found liable for customers’ copyright infringement through piracy only if it committed a culpable act, while a group of record labels and music publishers told the justices that the ISP’s continuous providing of service to internet protocol (IP) addresses of known infringers constitutes liability under the material contribution standard (Cox Communications, Inc., et al. v. Sony Music Entertainment, et al., No. 24-171, U.S. Sup.).

LATEST NEWS

West Virginia, Illinois Settle PCB Cases With Monsanto For A Combined $180.5M
9th Circuit: Judgment Appropriate After District Court Gave Repeated Warnings
U.K. Plaintiffs’ Restitution Claim For ‘Honey’ Discount Losses Dismissed
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Third-Party Defendants Dismissed From Alleged Toxic Embryo Solution Case
6th Circuit Affirms Dismissal Of Reimbursement Suit As Preempted By ERISA
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$48.5M Deal That Followed ERISA Jury Verdict Wins Final OK, With Incentives
Partial Dismissal Granted In Workers’ Compensation Policy ‘Misrepresentation’ Row
Judge Grants Arbitration, Stays Wiretap Class Action Against Toyota, Progressive
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