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Texas Federal Judge Vacates FDA’s Final FDCA Regulation Rule On Lab Test Services

SHERMAN, Texas — A final rule by the U.S. Food and Drug Administration that laboratory-developed testing services can be regulated as medical devices under the Federal Food, Drug, and Cosmetic Act (FDCA) exceeds the agency’s statutory authority, a Texas federal judge held March 31 and vacated the rule.

U.S. Bankruptcy Judge In Texas Dismisses Chapter 11 Case Of J&J’s Latest Debtor

HOUSTON — A Texas federal bankruptcy judge on March 31 dismissed the Chapter 11 case of the latest Johnson & Johnson (J&J) spinoff, Red River Talc LLC, after finding that the debtor’s plan of reorganization, which included a $9 billion asbestos trust, cannot be confirmed because voting on the plan cannot be certified due to irregularities and that the plan “contains impermissible nonconsensual third-party releases.”

Federal Judge: No Jurisdiction To Consider Kennedy Assassination Tape Copyrights

DALLAS — A federal judge in Texas on March 31 dismissed a complaint brought by a group that focuses on access to public records against a Texas historical society that owns the copyrights associated with footage showing the assassination of President John F. Kennedy, holding that the group failed to establish that the court has subject matter jurisdiction.

Immigrant Removal Class Seeks Denial Of Government’s Application From High Court

WASHINGTON, D.C. — An application to vacate a temporary restraining order (TRO) and for administrative stay filed by the United States, President Donald J. Trump and other federal government officials and agencies in a class case over the removal of immigrants under the Alien Enemies Act (AEA) should be denied by the U.S. Supreme Court as the TRO is not an appealable order and the federal government has not shown harm, the provisionally certified immigrant class argues in its April 1 opposition.

8th Circuit Affirms Dismissal Of COVID-Related Suit For Failure To File With EEOC

ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel in a March 31 per curiam opinion affirmed without rationale the order of a Minnesota federal court dismissing the lawsuit of a former hospital employee who was terminated for refusing to wear an N95 mask as required by hospital policy after accepting a religious exemption from the COVID-19 vaccine.

Washington Panel: Tribe Fails To Show COVID-19 Caused Direct Physical Loss, Damage

SEATTLE — A Washington appeals court panel on March 31 held that a federally recognized Indian tribe did not state a claim that the COVID-19 virus caused “direct physical loss or damage” to its insured properties, affirming a lower court’s dismissal of the insured’s bad faith complaint arising from the pandemic.

Retirees’ PRT Case Against Lockheed Martin Survives Dismissal

GREENBELT, Md. — The same day a similar suit was dismissed without prejudice in a District of Columbia federal court, retirees beat a dismissal motion in another one of the recent set of putative class Employee Retirement Income Security Act lawsuits challenging pension risk transfers (PRTs), with a Maryland federal judge ruling in their favor on March 28.

SEC Votes To End Defense Of Climate Disclosure Rules, Informs 8th Circuit

ST. LOUIS — The Securities and Exchange Commission has voted to end its defense of its rules requiring companies to disclose climate-related risks and greenhouse gas emissions and has informed the Eighth Circuit U.S. Court of Appeals that it is withdrawing its defense of the rules in a case brought against the SEC by several states challenging the rules and no longer authorizes SEC counsel to advance the arguments set forth in the commission’s brief, which was filed before the change in presidential administrations.

5th Circuit Vacates Judgment Of Over $28M In Vascular Surgery Practice FCA Suit

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 28 vacated the final judgment of a district court and remanded for a new trial after the lower court awarded over $28 million against a Texas vascular surgery practice in a qui tam suit alleging that it violated the federal False Claims Act (FCA) when billing Medicare for ultrasound services it did not yet perform.

Defendants In 1 PRT Suit Win Dismissal For Lack Of Standing

WASHINGTON, D.C. — Defendants won one of the first two rulings on dismissal motions in a recent set of similar putative class Employee Retirement Income Security Act lawsuits challenging pension risk transfers (PRTs), with a District of Columbia federal judge on March 28 dismissing a case filed by Alcoa USA Corp. retirees on the grounds that they lack standing.

Administrative Stay Denied After Reinstatements Of NLRB, MSPB Members Stayed

WASHINGTON, D.C. — A split District of Columbia Circuit U.S. Court of Appeals panel on March 30 denied emergency motions for administrative stay pending a request for hearing en banc filed by a member of the National Labor Relations Board and a member of the Merit Systems Protection Board (MSPB) after a split panel on March 28 granted emergency motions for stay sought by the federal government; the government separately appealed summary judgment rulings for the board members who were fired by President Donald J. Trump shortly after his inauguration.

LATEST NEWS

Federal Circuit Orders New Trial On Damages In Drum Patent Fight
Texas Federal Judge Vacates FDA’s Final FDCA Regulation Rule On Lab Test Services
Minn. Ends Claims Against Novo Nordisk After It Agrees To Cap Insulin Costs At $35
Judgment Denied For Insurer In $500K Life Insurance Row Over Suicide Exclusion
U.S. Bankruptcy Judge In Texas Dismisses Chapter 11 Case Of J&J’s Latest Debtor
D.C. Circuit: Government’s Appeal In Special Counsel’s Removal Suit Is Moot
Judge Dismisses Settled Wrongful Death Suit Against Tobacco Companies
Fact Issues Preclude Summary Judgment, Wisconsin Panel Rules In Reversal
Federal Judge: No Jurisdiction To Consider Kennedy Assassination Tape Copyrights
Opt-Out Class Certified For 3 Issues In Multiemployer Health Plan ERISA Case
Consumer Claims Over Watery ‘Buttery Spread’ Dismissed By Judge
Immigrant Removal Class Seeks Denial Of Government’s Application From High Court
Judge Right To Find Induced Infringement For Generic Drug, Federal Circuit Says
Magistrate Grants Hurricane Coverage Quash Motion, Says Discovery ‘Not Unlimited’
Florida Judge Denies GEICO’s Dismissal Motion In Defamation Suit Over PIP Case
Suit Against Contractors Pollution Liability Insurer Will Remain In Federal Court
8th Circuit Affirms Dismissal Of COVID-Related Suit For Failure To File With EEOC
Federal Judge Rules For Insurer In Coverage Dispute Arising From Ghost Gun Claims
Delaware Judge: Products Liability Claims Against Mattel Constitute 1 ‘Occurrence’
Magistrate Judge Won’t Sanction Pro Se Plaintiff For Fake AI Cites
Judge Says Policies’ Limit Is Based On Per-Claim Calculation Of Lead Injury Claims
Excess Insurer Permitted To Pay Same Attorney Fee Rate As Primary Insurer
Insurer, Reinsurer Seek To Oppose Reconsideration Of Cleanup Case Production Ruling
Fan Waives Response To NBA’s Certiorari Petition Over Privacy Of Online Viewing
Expert Can Opine On Class Certification Processes In TCPA Case, Judge Says
Washington Panel: Tribe Fails To Show COVID-19 Caused Direct Physical Loss, Damage
DOJ Seeks Judgment In Suit Over Webpage Removal Pursuant To ‘Gender Ideology’ EO
6th Circuit Sets Argument In 2 ERISA Pension Appeals Concerning Mortality Tables
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$7.5M Beyond Meat Protein Content Class Settlement Approved