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N.C. Panel: PCOH Exclusion Bars Coverage For Negligence Suit Over Fatal Crash

RALEIGH, N.C. — A North Carolina appellate panel on Aug. 5 affirmed a lower court’s grant of a commercial insurer’s motion for judgment on the pleadings in its lawsuit disputing coverage for an underlying negligence action against its smoke shop owner insured arising from a fatal car accident that was caused by an intoxicated driver who inhaled nitrous oxide from a cream charger that was purchased at the insured’s shop, holding that the policy’s products-completed operations hazard (PCOH) exclusion barred coverage.

2nd Circuit Says Customer Data Law Unconstitutional In Row With DoorDash, Grubhub

NEW YORK — The Second Circuit U.S. Court of Appeals on Aug. 5 affirmed a lower court’s grant of summary judgment to DoorDash, Portier and Grubhub in their quest to halt enforcement of a New York City law that would require food delivery services to provide customer data to restaurants, finding that the law violates the First Amendment to the U.S. Constitution.

Nike’s PTAB Loss Affirmed By Federal Circuit In Dispute With Lululemon

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Aug. 5 affirmed a finding from the U.S. Patent Trial and Appeal Board (PTAB) that multiple claims of a patent held by Nike Inc. describing a watch that can connect to electronic devices were unpatentable as anticipated or obvious in view of multiple prior art references.

9th Circuit Vacates Remand Of ‘Unfair’ Life Insurance Policy Termination

PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on Aug. 5 vacated a federal judge’s decision granting an insured’s motion to remand her putative class action against an insurer for violating California’s unfair competition law (UCL) based on its alleged termination of her late husband’s life insurance policy, writing that in light of recent precedent the judge should have given the insurer an “opportunity to waive” its adequate-remedy-at-law defense before remanding due to lack of equitable jurisdiction.

California Supreme Court Finds Negligence Claim Not Viable In Safer HIV Drug Cases

SAN FRANCISCO — A divided California Supreme Court reversed a lower court and directed entry of summary judgment for Gilead Sciences Inc., rejecting claims that a duty of care is owed to consumers who allege that they suffered injuries to their kidneys, bones and teeth while the company withheld a safer alternative to a concededly nondefective drug used in the treatment of HIV.

3rd Circuit Affirms Dismissal Of FCA Retaliation Claim Against Device Maker

PHILADELPHIA — The Third Circuit U.S. Court of Appeals affirmed a lower court’s dismissal of a former employee’s False Claims Act (FCA) retaliation suit against the medical device company that terminated his employment, finding that the operative complaint failed to allege that the former employee held the belief that the employer submitted or would submit fraudulent claims to the government for payment.

Disclosure Statement Hearing Set For Expedited Uniroyal Chapter 11 Bankruptcy

NEWARK, N.J. — Just days after Uniroyal Holding Inc. and an affiliate filed voluntary petitions for Chapter 11 bankruptcy, citing more than 35,000 pending asbestos injury cases, a federal bankruptcy judge in New Jersey on Aug. 4 scheduled a hearing for Sept. 10 to consider the company’s disclosure statement.

Generic Lidocaine Patch Would Not Infringe Appellants’ Patents, Federal Circuit Agrees

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Aug. 4 affirmed a Florida federal judge’s final judgment of noninfringement in a patent dispute over a generic lidocaine patch because intrinsic evidence showed that the accused patch did not use a claimed dissolving agent.

1st Covidien MDL Bellwether Trial Ends With $88 Million Jury Award

BOSTON — A Massachusetts federal jury on Aug. 4 awarded a man and his wife $88 million in the first bellwether case from the multidistrict litigation involving Covidien hernia mesh to go to trial, finding that the manufacturer failed to warn him about the danger of the mesh and made false statements about its safety.

D.C. Circuit Vacates COVID Vaccine PREP Act Suit Dismissal As Violating Act

WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals vacated and remanded a lower court ruling dismissing claims for violation of the Public Readiness and Emergency Preparedness Act (PREP Act) in parents’ suit alleging that the COVID-19 vaccine caused the death of their 14-year-old daughter, finding that the PREP Act claims could not be dismissed by a single judge because motions to dismiss willful misconduct claims are statutorily required to be heard by a three-judge court.

7th Circuit Sends Kohl’s Pricing Class Suit To Wisconsin High Court To Resolve

CHICAGO — Finding that no decision in the Wisconsin Supreme Court has addressed whether a plaintiff, “lured by false price comparison advertising into purchasing a product that is worth the purchase price, suffers a pecuniary loss,” a Seventh Circuit U.S. Court of Appeals panel certified a woman’s putative class claims against Kohl’s Corp. and a related entity to the state high court and stayed her appeal of a Wisconsin federal judge’s decision to dismiss her complaint for lack of subject matter jurisdiction.

LATEST NEWS

N.C. Panel: PCOH Exclusion Bars Coverage For Negligence Suit Over Fatal Crash
2nd Circuit Says Customer Data Law Unconstitutional In Row With DoorDash, Grubhub
Group’s CWA Claims Alleging Chemours Discharged PFAS Into Ohio River Dismissed
Nike’s PTAB Loss Affirmed By Federal Circuit In Dispute With Lululemon
9th Circuit Vacates Remand Of ‘Unfair’ Life Insurance Policy Termination
Reinsurers Seek Attorney Fees Following Dismissal Of Arbitration Dispute
California Supreme Court Finds Negligence Claim Not Viable In Safer HIV Drug Cases
Texas Federal Judge Says Compounded Drugs Are ‘New Drugs’ Under Various State Laws
Mass Tort Cases For Drugs, Medical Devices
4th Circuit To Hear Argument In North Carolina Mifepristone Preemption Appeal
Reconsidering, Judge Addresses ERISA Disclosures For Brokerage Windows
Pa. Panel Affirms Workers’ Comp Ruling Tossing COVID-19 Claim, Cites Res Judicata
Oklahoma Federal Judge: Airline Workers’ Toxic Exposure Claims Barred By State Law
Judge: Mailbox Presumption Not Established In ERISA Suit Over LTD Benefits
Judge Dismisses Class Suit Against Mobile Gaming Platform Citing Lack Of Reliance
Auto Insurer Owed Duty Of Good Faith To Permissive Driver, Not Passenger, Panel Says
Insured Failed To State Viable Bad Faith Claim Against Auto Insurer, Judge Says
3rd Circuit Affirms Dismissal Of FCA Retaliation Claim Against Device Maker
Bath Product Producer Files Chapter 11 Petition To Resolve Talc Claims
Federal Judge Grants Summary Judgment To Insureds In Hurricane Ida Dispute
Judge Vacates Status Conference Pending End Of Mediation In Life Policy Payout Row
Magistrate Judge Says Breach Of Contract Suit In Wet Wipes Dispute Is Timely
Settlement Ends Trade Secrets Suit Against Fracking Sand Supplier
Judge Denies New Motion To Reconsider Ruling In Cryptocurrency Sale Dispute
Appellate Panel: No Jurisdiction In Investors’ Suit Against Irish Company
Worker Accepts $200,000 Judgment Offer For Fracking Site Injuries, Bias
Disclosure Statement Hearing Set For Expedited Uniroyal Chapter 11 Bankruptcy
Cancer Patient’s Suit Against Tobacco Companies, Retailers Remanded To State Court
Generic Lidocaine Patch Would Not Infringe Appellants’ Patents, Federal Circuit Agrees
1st Covidien MDL Bellwether Trial Ends With $88 Million Jury Award