Judge Dismisses Parent Companies But Says Opioid Case Against PBMs Can Move Forward
JACKSON, Miss. — A Mississippi federal judge agreed to dismiss nine entities from a lawsuit filed by Mississippi that alleges that various pharmacy benefit managers (PBMs) and their parent companies contributed to the opioid epidemic in the state, finding that “the state has not explained how each Defendant’s actions contributed to the injury in Mississippi.”
Lilly, Medical Centers File Stipulation Of Dismissal In Compounded Drug Row
SEATTLE — Eli Lilly and Co., two medical centers and two of their physicians who prescribe patients compounded versions of tirzepatide, a U.S. Food and Drug Administration-approved drug for diabetes and weight loss, on June 15 filed a joint stipulation of dismissal after a Washington federal judge again refused to approve a sealed consent judgment and settlement agreement.
U.S. Supreme Court Denies Macy’s Petition In Lockout Dispute With NLRB, Union
WASHINGTON, D.C. — The U.S. Supreme Court on June 15 denied a petition for writ of certiorari filed by Macy’s Inc. in which it sought review of whether neutral practices can be “inherently destructive” under the National Labor Relations Act (NLRA) and whether the National Labor Relations Board could require compensation for worker financial harms in a long-running collective bargaining dispute with the board and the union representing groups of locked-out employees.
Judge Dismisses U.K. Citizens’ Class Suit Over Deceptive Online Discount Finder
SAN FRANCISCO — A California federal judge on June 15 dismissed with prejudice a putative class action filed by citizens of the United Kingdom against two companies that own and operate the “Honey” discount-finding browser extension for violation of California’s unfair competition law (UCL) and other laws, writing that their claims are flawed and that they cannot seek restitution because Honey’s commission agreements were lawful.
No Error In PTAB Construction Of Dispenser Patent Claims, Federal Circuit Finds
WASHINGTON, D.C. — The Patent Trial and Appeal Board (PTAB) correctly construed a disputed claim phrase in a patent describing a dispensing system for certain adhesive medical materials, a Federal Circuit U.S. Court of Appeals panel said in a June 15 opinion that affirmed PTAB’s finding that the asserted claims of the patent at issue were unpatentable as obvious in view of prior art.
Pa. Supreme Court: Software Enabled Game Terminals Qualify As Slot Machines
HARRISBURG, Pa. — Reversing lower court rulings in consolidated appeals, the Pennsylvania Supreme Court on June 15 held that software-enabled Pennsylvania skill devices are considered slot machines and are therefore subject to both the Pennsylvania Gaming Act and the Crimes Code.
Arguing Lack Of Notice, LTD Claimant Asks 7th Circuit To Revive His Lawsuit
CHICAGO — Asking the Seventh Circuit U.S. Court of Appeals to reverse a decision that upheld termination of his long-term disability (LTD) benefits under a “regular care of a physician” requirement, a former Whole Foods worker argues in his June 15 opening brief that the trial court was wrong both in concluding that the insurer cited the requirement during his administrative appeal and in ruling that under de novo review it could consider the requirement even if the insurer hadn’t cited it in the administrative appeal.
Florida Tells State Supreme Court Taxing Hookah As Tobacco Is Proper
TALLAHASSEE, Fla. — A Florida state agency on June 15 filed a response brief to the Florida Supreme Court asserting that it should not exercise jurisdiction over a North Carolina-based hookah distributor’s petition for review of a split appellate panel’s decision affirming the state’s refusal to refund $1.4 million in excise taxes and surcharges on the company’s hookah sales, arguing that the decision created no conflict and that the company only “seeks to relitigate the case.”
U.S. Supreme Court Denies Certiorari In Software Trade Secrets Dispute
WASHINGTON, D.C. — The U.S. Supreme Court on June 15 denied a technology consulting company’s petition for a writ of certiorari seeking review of an appellate court’s ruling affirming a lower court’s award of compensatory and exemplary damages against it in a dispute over the alleged misappropriation of trade secrets.
3rd Circuit Vacates $3.7M Attorney Fee Award In BMW Engine Case for Second Time
PHILADELPHIA — For the second time since a class settlement valued at $27 million was reached in a suit alleging that BMW knowingly manufactured vehicles equipped with defective engines, a Third Circuit U.S. Court of Appeals panel vacated a $3.7 million fee award for class counsel, finding that the lower court approved problematic lodestar enhancements.
Split 1st Circuit Revives Copyright Suit Against Ricky Martin For Discovery Errors
BOSTON — A partially split First Circuit U.S. Court of Appeals panel vacated a Puerto Rico federal judge’s grant of summary judgment in favor of the artist who performs as Ricky Martin in a sprawling copyright dispute involving a song entered into a FIFA World Cup song contest, finding that the judge took “sweeping actions” without giving the plaintiff-appellant a meaningful chance to pursue discovery.