6th Circuit Grants PBMs’ Mandamus Petition, Vacates Opioid MDL Amendment Order
CINCINNATI — The Ohio federal judge overseeing the national opioid multidistrict litigation failed to conduct the individualized diligence inquiry required by Federal Rule of Civil Procedure 16 and abused his discretion by allowing approximately 800 plaintiffs to belatedly amend their complaints to assert claims against pharmacy benefit managers (PBMs), a Sixth Circuit U.S. Court of Appeals panel held Oct. 2 in granting mandamus relief.
New York Justice Upholds $10M Past Pain Award, Asbestos Verdict
NEW YORK — The plaintiffs in a New York asbestos case on Oct. 2 entered a notice of ruling in which a New York justice said they presented sufficient evidence of asbestos exposure to cause mesothelioma and that the $10 million award for past pain and suffering, while higher than past awards, was consistent with more recent jury verdicts.
High Court Asks United States To Weigh In On California Interest On Escrow Law
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 invited the solicitor general to file a brief expressing the views of the United States on a petition challenging a split Ninth Circuit U.S. Court of Appeals panel’s ruling stating that the National Bank Act (NBA) does not preempt a California state law requiring a minimum 2% interest on certain mortgage escrow accounts and affirming in part a more than $9 million judgment in favor of a class of escrow-holders, which the petitioner says was incorrect under high court precedent.
U.S. High Court Vacates Judgment In Class Suit Over TPS End For Venezuela, Haiti
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 granted the federal government’s petition for a writ of certiorari in a putative class lawsuit over the Homeland Security secretary’s termination of temporary protected status (TPS) for Venezuela and Haiti, vacated the Ninth Circuit U.S. Court of Appeals’ judgment in the case and remanded it for further consideration in light of the June decision in Mullin v. Doe.
Stay Of IRS Tax Case Due To Related Action Denied, But Consolidation Possible
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals judge denied the Internal Revenue Service’s request to stay briefing in a tax firm’s Administrative Procedure Act (APA) challenge to the agency’s final microcaptive insurance disclosure rule pending resolution of a related appeal involving the same regulations but wrote that should either party desire to consolidate the present action with the related one, a motion should be filed.
Judge Confirms $43M Award Against Mexican Company In LNG Processing Row
NEW YORK — A New York federal judge on Oct. 1 granted Honeywell International Inc. and its subsidiary’s cross-motion to confirm an International Chamber of Commerce (ICC) award worth approximately to $43 million, including more than $20 million in attorney fees and arbitration costs, against a Mexican company for breach of a contract to fabricate gas processing units and denied the Mexican company’s petition to vacate, finding that the tribunal did not engage in misconduct, disregard the parties’ contract or exceed its powers.
Scientific Impossibility Means Claims Weren’t Enabled, Says Federal Circuit
WASHINGTON, D.C. — In a pair of Oct. 1 opinions, a Federal Circuit U.S. Court of Appeals panel affirmed a Delaware federal judge’s finding that a technology company’s patent claims asserted against Samsung Electronics Co. Ltd. and its American affiliate were invalid, agreeing with Samsung’s alternative argument that the claims were improperly enabled while disagreeing with the judge’s finding that the claims were indefinite; the panel also dismissed as moot the plaintiff-appellant’s separate challenge to findings from the U.S. Patent Trial and Appeal Board (PTAB) that one of the claims was unpatentable as obvious.
3rd Circuit: Traditional Rules Apply In Legal Publishers’ AI Copyright Fight
PHILADELPHIA — The Third Circuit U.S. Court of Appeals became at least the second federal appellate court to address artificial intelligence copyright issues after unsealing an opinion finding that while the technology is new, traditional principles govern the case and that a legal research competitor’s use of copyrighted material was not fair use.
Federal Circuit Affirms Trade Secret Win After Damages Arguments Forfeited
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Oct. 1 affirmed a Delaware federal judge’s judgment for defendants-appellees in a contract and trade secret dispute that formerly involved patent infringement claims, finding that the plaintiff-appellant forfeited its interference and damages theories advanced on appeal, which the panel said was a sufficient reason to affirm.
Split 9th Circuit Affirms Dismissal Of Challenges To Campaign Media Spending Law
SAN FRANCISCO — A divided Ninth Circuit U.S. Court of Appeals panel on Sept. 30 affirmed a lower court’s dismissal of challenges by Americans for Prosperity and Americans for Prosperity Foundation to Arizona’s Voters’ Right to Know Act, which implemented disclosure requirements for funds spent on campaign media, rejecting the argument that the law is facially unconstitutional and finding that the as-applied free-speech challenge is conclusory.
Judge Confirms 3 ICSID Awards In Assignee’s Favor Against Spain
WASHINGTON, D.C. — A District of Columbia federal judge on Sept. 30 denied the Kingdom of Spain’s motion to dismiss or stay a petition to confirm three International Centre for Settlement of Investment Disputes (ICSID) arbitral awards against it collectively worth nearly 90 million euros plus costs and interest and entered judgment for all three awards in favor of an entity to which the original award-creditors assigned their interests.