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Federal Circuit Affirms Prosecution Laches For PTO’s Rejection Of Applications

WASHINGTON, D.C. — A panel in the Federal Circuit U.S. Court of Appeals held on Aug. 29 that a District of Columbia federal judge did not err in finding that a prolific patent applicant’s applications were barred under the doctrine of prosecution laches, rejecting as forfeited the inventor’s argument that a 1992 decision by the Board of Patent Appeals and Inferences showed he had no reason to change his method of prosecuting the applications.

9th Circuit Resurrects Copyright Dispute Over Catholic Liturgical Songs

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel revived a copyright infringement dispute between two writers of Catholic liturgical music, partly reversing an Oregon federal judge’s grant of summary judgment in favor of the defendant-appellee songwriter and her publisher because questions of fact remain as to whether the defendant songwriter had access to the plaintiff-appellant’s hymn.

Insured’s Audit Expenses Covered Under Extra Expense Provision, 2nd Circuit Affirms

NEW YORK — The Second Circuit U.S. Court of Appeals on Sept. 2 affirmed a lower federal court’s ruling in favor of Arizona Beverages USA LLC in its breach of contract lawsuit against its insurer, finding that the full amount of the insured’s $552,573.25 audit expenses arising from damage caused by a power surge is covered under the insurance policy’s Extra Expense provision.

For Now, Texas Can’t Enforce Law On ESG, DEI Issues Against 2 Proxy Advisory Firms

AUSTIN, Texas — A Texas law concerning proxy advisers’ consideration of environmental, social and governance (ESG), diversity, equity and inclusion (DEI) and sustainability factors that otherwise went into effect Sept. 1 will not be enforced against two proxy advisory firms under preliminary injunctions that a Texas federal judge granted Aug. 29.

Judge Vacates New Graphic Warning Rule For Tobacco Products

BRUNSWICK, Ga. — A Georgia federal judge on Aug. 29 granted summary judgment in favor of a tobacco company and several retailers and vacated the Food and Drug Administration’s final rule requiring graphic warnings on all tobacco products pursuant to the Tobacco Control Act (TCA) after finding FDA’s “failure to disclose the raw data for its studies” violated the Administrative Procedure Act (APA).

Panel: Federal Agency’s Offshore Fracking Plan Meets Standards Set By Law

WASHINGTON, D.C. — A panel of the District of Columbia Circuit Court of Appeals on Aug. 29 ruled that the U.S. Department of the Interior (DOI) satisfied the requirements of the Outer Continental Shelf Lands Act (OCSLA) when it drafted a program for offshore drilling in the Gulf of Mexico and, therefore, environmental groups’ challenge to the offshore leasing program in the Outer Continental Shelf (OCS) failed.

$332M Deal Would End Residual Annuities Class Action Filed Under ERISA

NEW YORK — A long-running Employee Retirement Income Security Act lawsuit over residual annuities would be resolved under a proposed $332 million settlement that the 1,177-member class of retirees partly unveiled Aug. 29 in a New York federal court.

Split 6th Circuit Affirms Dismissal Of Class Suit Over College’s Rape Response

CINCINNATI — Two female college students who brought a putative class complaint against their school over the way in which their reports of being raped by other students were handled failed to show disparate treatment, a divided Sixth Circuit U.S. Court of Appeals panel ruled, affirming a trial court’s dismissal of the case.

Split 2nd Circuit: Investors Alleged Actionable Misstatements Against Peloton

NEW YORK — A split panel of the Second Circuit U.S. Court of Appeals found that investors plausibly alleged Peloton Interactive Inc. and its executives stated two actionable material misstatements, vacating in part a lower court’s dismissal of the investors’ stock-drop suit against the company and executives.

8th Circuit Reverses Dismissal, Summary Judgment Rulings For BNSF In EEOC Suit

OMAHA, Neb. — A trial court judge erred in granting partial dismissal and summary judgment to a railway accused by the Equal Employment Opportunity Commission of creating a hostile work environment for a female employee as well as a class of similarly situated female workers, an Eighth Circuit U.S. Court of Appeals panel ruled Aug. 28, opining that a heightened pleading standard was applied in error when dismissing the claims of the class of women and that genuine issues of material fact should have prevented the summary judgment ruling.

Panel Affirms Order Tossing Fraud Accident Suit, Cites Process Service Error

COLUMBUS, Ohio — An Ohio appellate court on Aug. 28 affirmed a lower court’s order dismissing a fraud, negligence and breach of contract suit filed by one driver against another driver and insurers for purported damages incurred in a motor vehicle accident, finding that the plaintiff’s assignments of error lack merit because service of process was not adequately made on the individual defendant within one year of filing the complaint as required by the Ohio Rules of Civil Procedure.

LATEST NEWS

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Mexico Challenges Tribunal’s Jurisdiction Over $303M Claim In Railway Dispute
Insured’s Breach Of Contract Claim Fails, Amended Complaint Allowed, Judge Says
NBA Asks Supreme Court To Reject Invitation To Combine VPPA Petitions
Federal Circuit Affirms Prosecution Laches For PTO’s Rejection Of Applications
9th Circuit Resurrects Copyright Dispute Over Catholic Liturgical Songs
Insured’s Audit Expenses Covered Under Extra Expense Provision, 2nd Circuit Affirms
Driver Amends Suit Against Tesla For ‘Self-Driving’ Claims After Class Certified
Summary Judgment Granted For Insurer In Dispute Over Yacht Fire Damage Coverage
For Now, Texas Can’t Enforce Law On ESG, DEI Issues Against 2 Proxy Advisory Firms
Disqualifying Lawyers Over Expert’s AI Misuse Too Harsh, Plaintiff Says
Online Sports Fan Suggests Supreme Court Consider VPPA Cert Petitions Together
Judge Vacates New Graphic Warning Rule For Tobacco Products
Panel: Federal Agency’s Offshore Fracking Plan Meets Standards Set By Law
COMMENTARY: International Arbitration And The EU AI Act
Judge Trims Attorney Fees, Prejudgment Interest Rate In LTD Lawsuit
$332M Deal Would End Residual Annuities Class Action Filed Under ERISA
9th Circuit Refuses To Rehear Arguments In Decision That Remanded Opioid Case
3rd Circuit: NFL Player’s Attorney Gets Costs, No Fees After Concussion Settlement
Split 6th Circuit Affirms Dismissal Of Class Suit Over College’s Rape Response
Ramona Elliott Is New Acting Director Of U.S. Trustee Program
Split 2nd Circuit: Investors Alleged Actionable Misstatements Against Peloton
Retailers’ Bid To Arbitrate False Discount Claims Properly Denied, Panel Says
Online Service Seeks Supreme Court Review Of Standing Ruling In Antitrust Suit
Judge On Remand: Benefits Never Vested In Life Insurance Termination Case
Panel Affirms Ruling Denying Attorney Fees Request In Dispute With Property Insurer
Pollution Liability Insurer Has No Duty To Defend Insured, Federal Judge Says
Judge Approves $3.1M Deli Meat Class Settlement, $1.03M In Attorney Fees