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Dismissal Denied In Sex Discrimination, FCA Suit Against Pharmaceutical Company

NEW YORK — A New York federal judge on Aug. 10 denied a pharmaceutical company’s motion to dismiss a suit filed against it by a former sales representative who alleges that the company violated the False Claims Act (FCA), similar state law and state sex discrimination laws by firing her after she complained about being forced to work in a “sexually charged environment,” finding that the former representative plausibly alleged protected activity under the FCA.

Software Company’s Chart Patents Abstract, Federal Circuit Agrees On Appeal

WASHINGTON, D.C. — A Federal Circuit U.S. Circuit Court of Appeals panel said in an Aug. 10 opinion that it saw no error in a California federal judge’s finding that a company’s interactive chart patents are patent ineligible because they recite the desired result without sufficiently explaining the concrete technological means for achieving it.

Preliminary Injunction Stay Denied In Athletes’ Suit Over NCAA’s 5th-Year Rule

DENVER — The “chaos” that the National Collegiate Athletic Association (NCAA) says has been created by a preliminary injunction entered in a putative class action by student-athletes suing over a June 2026 new eligibility rule is self-made, a federal judge in Colorado ruled Aug. 10, denying the NCAA’s motion to stay the injunctive relief pending appeal.

Insured Not Entitled To Additional Coverage For Water, Mold Damage, Panel Says

MINNEAPOLIS — A trial court did not err in granting a property insurer’s motion for summary judgment in a water and mold damage coverage dispute because the policy clearly excludes mold damage and requires repairs to be completed within two years of the date of loss in order for replacement cost benefits to be paid, a Minnesota Court of Appeals panel said Aug. 10.

8th Circuit: No D&O Coverage Owed For Suits Seeking To Collect Default Loans

ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Aug. 10 affirmed a lower federal court’s ruling in favor of an insurer in its lawsuit disputing directors and officers liability coverage for underlying lawsuits seeking to collect defaulted loans from the insured’s executives, holding that the executives were not “Insured Individuals” under the policy and, therefore, the insurer did not owe coverage.

7th Circuit Affirms Judgment For Chicago In COVID-19 Wrongful Death, ADA Suit

CHICAGO — The Seventh Circuit U.S. Court of Appeals affirmed a lower court’s grant of summary judgment to Chicago in a wrongful death and failure to accommodate suit filed under the Americans with Disabilities Act (ADA) and related state law after a police officer contracted COVID-19 and died, finding that the record shows that the Chicago Police Department did accommodate the decedent and that his illness and death did not result from COVID-19 exposure that occurred after he requested reassignment.

Only Negligence Claim Survives Dismissal In Casino Ransomware Attack Case

PHILADELPHIA — Philadelphia casino owners accused of failing to protect employees’ and customers’ personally identifiable information (PII) following a ransomware attack have been plausibly accused of negligence but haven’t been shown to be liable for the data breach, a federal judge in Pennsylvania ruled, largely granting the owners’ motion to dismiss the putative class complaint.

Motion To Dismiss In Sewage Spill Coverage Suit Denied As Moot Following Stipulation

PALM BEACH, Fla. — A Florida federal judge on Aug. 7 denied as moot an additional insured’s motion to dismiss following an agreement between the insurer, the additional insured and the underlying plaintiff to dismiss without prejudice the insurer’s claims stemming from a coverage dispute over damages caused by a sewage pipe rupture.

Judge Tosses Federal Claims In Attorney Email Access Suit Against Former Employer

LINCOLN, Neb. — A Nebraska federal judge on Aug. 7 dismissed claims under the Wiretap Act, the Stored Communications Act and the Computer Fraud and Abuse Act in a former law partner’s suit against his prior employer over its purported interception of his emails, finding in part that the alleged interception of emails sent to the attorney’s email address with his former employer did not violate the federal laws because the former employer owned the domain and email system and had the authority to access the emails.

Magistrate Judge Says Experts Can Testify On Hiring, Contracts In Deadly Crash Case

AMARILLO, Texas — In separate orders, the latest of which was filed Aug. 7, a Texas federal magistrate judge denied Amazon’s motions to exclude two experts retained by a woman who says she was injured and her husband was killed in a collision with an Amazon delivery contractor’s truck, finding that Amazon can challenge the experts through cross-examination.

Insured Says Res Judicata Question Already Answered In Contamination Lawsuit

SEATTLE — In an Aug. 7 response to an insurer’s motion for summary judgment in an environmental contamination coverage suit, an insured urges a Washington federal court to deny the insurer’s motion because the court already answered the question of whether a state trial court’s 2016 dismissal of similar claims precludes the insured’s claims.

LATEST NEWS

LGBTQ+ Group Appeals Dismissal Of Federal EEOC ‘Trans Exclusion Policy’ Suit
D.C. Court Of Appeals Rejects Fraud Claim Over Law Firm Fee Arbitration
Dismissal Denied In Sex Discrimination, FCA Suit Against Pharmaceutical Company
Nevro, Globus Medical Oppose Bid To Centralize Spinal Cord Stimulator Injury Cases
Software Company’s Chart Patents Abstract, Federal Circuit Agrees On Appeal
Hawaii Supreme Court Reinstates Full Verdict For Smoker With Lung Cancer
LIGA Urges Court To Deny Judgment To Homeowners In Hurricane Damage Dispute
Preliminary Injunction Stay Denied In Athletes’ Suit Over NCAA’s 5th-Year Rule
Insured Not Entitled To Additional Coverage For Water, Mold Damage, Panel Says
California Court Set To Decide Kenvue Successor Liability Question
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002
8th Circuit: No D&O Coverage Owed For Suits Seeking To Collect Default Loans
D&O Insurers Appeal Denial Of Prejudgment Interest In Dispute With Under Armour
7th Circuit Affirms Judgment For Chicago In COVID-19 Wrongful Death, ADA Suit
7th Circuit Upholds Expert Exclusions, Summary Judgment For Machine Maker
Mesothelioma Plaintiffs Relieved Of Genetic Testing Want Genetics Out Of Trial
Store-Brand Talc Company Hit With Default Judgment, $16.7 Million Verdict In N.Y.
South Carolina Justice Tells State’s High Court Insurers Attended Mediation
Only Negligence Claim Survives Dismissal In Casino Ransomware Attack Case
Mercedes Buyers Allege ‘Dangerous’ Metal On-Seat Logo Burned Them
Insured Seeks Coverage For Sites Not Part Of Settlement Agreements, Panel Says
In Insurance Coverage Case With ‘Strange History,’ Judge Grants Default Judgment
9th Circuit Vacates Injunction In Long-Running Jack Daniel’s Dog Toy IP Row
7th Circuit Finds No Error In Allowing Expert Testimony In Excessive Force Case
7th Circuit: No Evidence Of Copying In Coin-Counting Software Dispute
Louisiana Appeals Panel Affirms Court’s Asbestos Trial Date Ruling
Music Producer Sues Kanye West For Unpaid AI Work On 2 Albums
9th Circuit Certifies Question In Arbitration Dispute To Nevada High Court
Judge Allows Suit Over ‘Murky’ Legality Of DraftKings, But Dismisses RICO Claims
Veterans Court Remands Service-Connection Case For Asbestos Consideration