High Court Denies Rehearing In Case Over SEC’s, Court’s Authority Over Receivership
WASHINGTON, D.C. — The U.S. Supreme Court on May 26 denied a petition for rehearing filed by a man subject to a civil action by the Securities and Exchange Commission asking the court to determine whether federal securities laws allow the SEC and a district court to use the commission’s general equitable authority to order a receivership that will seize every entity owned by a defendant that even slightly benefited from the defendant’s allegedly illegal acts; the Supreme Court had denied the man’s petition for certiorari on March 30.
Experts Weigh In On DOJ Use Of FCA To Enforce ‘Illegal DEI Practices’
Experts on False Claims Act (FCA) litigation, comprising a law professor, a whistleblower attorney and a former deputy assistant attorney general, who answered FCA-related questions on May 22, weighed in and spoke with Mealey Publications on efforts by the U.S. Department of Justice (DOJ) to use the FCA against entities the DOJ accuses of violating the FCA by failing to comply with antidiscrimination requirements in federal contracts or what the DOJ terms are “illegal DEI practices.”
U.S. High Court Won’t Hear NFL’s Arbitration Question In Coach’s Race Bias Suit
WASHINGTON, D.C. — A divided U.S. Supreme Court on May 26 denied a petition for a writ of certiorari filed by the National Football League and three teams concerning the enforceability of arbitration agreements that designate the NFL commissioner as the default arbitrator and allow the commissioner to develop the arbitral procedures after the Second Circuit U.S. Court of Appeals affirmed a trial court’s partial denial of the arbitration motion.
11th Circuit Dismisses Sex Trafficking Coverage Dispute For Lack Of Jurisdiction
ATLANTA — The 11th Circuit U.S. Court of Appeals on May 22 dismissed a commercial general liability insurer’s appeal of a lower federal court’s declaration that it has a duty to defend a hotel operator insured against an underlying sex trafficking lawsuit, holding that the appeals court lacks jurisdiction to hear the appeal.
Supreme Court Reverses Ruling In Immigration Judges’ Speech Policy Dispute
WASHINGTON, D.C. — In a per curiam opinion issued May 26, the U.S. Supreme Court, in granting a petition for a writ of certiorari filed by the director of the Executive Office for Immigration Review (EOIR), reversed a Fourth Circuit U.S. Court of Appeals panel’s ruling vacating dismissal of a complaint challenging a federal employee speech policy, holding that the panel “violated the principle of party presentation.”
Verizon Retirees Drop Bid To Have 2nd Circuit Revive Putative Class PRT Case
NEW YORK — Without substantive explanation, parties in a challenge to dismissal of a putative Employee Retirement Income Security Act pension risk transfer (PRT) class case on May 22 informed the Second Circuit U.S. Court of Appeals that they have stipulated to dismissing the appeal with prejudice and bearing their own “costs and fees on appeal.”
High Court Refuses To Hear Challenge To Expert Ruling In EtO Injury Case
WASHINGTON, D.C. — The U.S. Supreme Court on May 26 denied a petition for a writ of certiorari in a case brought by Union Carbide Corp. and an affiliate in which they argued that the court should review a Fourth Circuit U.S. Court of Appeals opinion pertaining to the correct legal standard for the admissibility of an expert under Federal Rule of Evidence 702 in an ethylene oxide (EtO) injury case.
School District Settles Suit Against Social Media Companies Alleging Harm To Youths
OAKLAND, Calif. — After a Kentucky school district and Meta Platforms Inc. and its subsidiaries filed a joint stipulation of dismissal on May 21 in a California federal court, counsel for the school district issued a statement on May 22 advising that the parties had resolved the school district’s claims against Meta as well as Snap Inc., TikTok Inc. and related entities, Google LLC and YouTube LLC, in a suit accusing the social media companies of negligence in harming minors’ mental health by targeting them to use the platforms to increase revenue.
United States Tells High Court To Reject Petition In Compounding Drug Case
WASHINGON, D.C. — The U.S. Supreme Court should deny a petition for a writ of certiorari on whether state unfair competition laws are preempted by federal law in cases accusing compounding pharmacies of marketing drugs without premarket approval by the U.S. Food and Drug Administration because the lower court got it right and the FDA “is currently considering whether to take regulatory action with respect to the drug at issue here,” the federal government contends in a May 21 amicus curiae brief.
D.C. Circuit Asks United States To Weigh In On $5B Award Against Russia
WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on May 21 asked the United States to file an amicus curiae brief regarding its views on an international treaty and Russian law in relation to the Russian Federation’s appeal of a judge’s denial of its motion to dismiss or stay a Luxembourg entity’s petition to enforce an arbitral award worth more than $5 billion for the loss of a loan to its parent company.
Panel: Court’s Dismissal Of Case For Prosecutorial Delay Was Abuse Of Discretion
SAN DIEGO — A California appellate panel ruled in an unpublished opinion that a trial court abused its discretion by dismissing a wrongful death lawsuit against Monsanto Co. and others for delay in prosecution after the plaintiffs made a sufficient showing of good cause for the delay.