Mealey Publications™

TOP STORIES

Novo Nordisk Drops Suit Against Hims, Enters Agreement For Online Sales

WILMINGTON, Del. — The manufacturer of Ozempic, Wegovy and Rybelsus on March 9 told a Delaware federal court that it agreed to dismiss all claims against Hims & Hers Health Inc. and Hims Inc. (collectively, Hims) stemming from its marketing and sale of compounded semaglutide for weight loss the same day the parties announced a partnership that will allow the sale of those drugs on the online health care provider’s website.

2nd Circuit Denies Mandamus Challenge To Recusal Denial In COVID Testing Fraud Row

NEW YORK — The Second Circuit U.S. Court of Appeals issued a mandate denying a motion to stay and related petition for a writ of mandamus challenging lower court proceedings in which a judge denied recusal in qui tam suits alleging that the lab and related parties violated the False Claims Act (FCA) by submitting false claims to government insurers for reimbursement for COVID-19 testing services.

Pet Food Class Action Over ‘No Preservatives’ Claim Partly Dismissed

SACRAMENTO, Calif. — A California federal judge on March 9 granted in part and denied in part a pet food company’s motion to dismiss a putative class action against it for allegedly falsely labeling its pet food products as containing no preservatives in violation of California’s unfair competition law (UCL), finding that the plaintiff’s claims in general were sufficient but dismissing her omission-based and punitive damages claims.

Judge Enjoins Perplexity AI From Accessing Protected Areas Of Amazon.com

SAN FRANCISCO — Perplexity AI Inc.’s artificial intelligence agents are barred from accessing or providing access to protected areas of Amazon.com Services LLC’s store after a federal judge in California granted the retailer’s motion for preliminary injunctive relief on March 9.

Appellant Forfeited New Antedating Argument Before PTAB, Federal Circuit Says

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on March 9 affirmed final written decisions by the U.S. Patent Trial and Appeal Board (PTAB), holding that the board did not abuse its discretion when it held that a technology company forfeited a new antedating argument during inter partes review (IPR) proceedings.

Prohibited Transaction Claims Survive In ERISA Suit Over Prescription Costs

NEW YORK — After two similar putative class actions filed under the Employee Retirement Income Security Act in other jurisdictions were dismissed for lack of standing, a New York federal judge on March 9 ruled that plaintiffs who sued JPMorgan Chase & Co. and related entities over purported mismanagement of a prescription drug program have standing but sufficiently stated only their prohibited transaction claims.

Georgia Panel Reverses $345M Judgment Against Insurers In Sexual Abuse Coverage Suit

ATLANTA — A Georgia appeals panel reversed a lower court’s $345 million judgment against insurers in a breach of contract lawsuit seeking coverage for a consent judgment that was awarded against a school insured and its teacher who was accused of sexually abusing 20 students between 1974 and 1994, holding that the ongoing mental anguish that resulted from a teacher’s abusive conduct is not covered by insurance policies that were not in effect until decades later.

Judge Grants FDA Summary Judgment In Row Over Drug Exclusion From Bulk List

FORT WORTH, Texas — An outsourcing facility that neither compounds sodium thiosulfate “nor has a facility capable of doing so” lacks standing to challenge a decision by the U.S. Food and Drug Administration to decline to add the drug to a list of bulk drug substances approved for compounding, a Texas federal judge ruled in granting summary judgment to the government (FarmaKeio Outsourcing, LLC v. United States Food And Drug Administration, et al., No. 2401040, N.D. Texas, 2026 U.S. Dist. LEXIS 46434).

5th Circuit Affirms Attorney Fee Award Of Over $479,000 In ‘Frivolous’ FCA Suit

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 6 affirmed a lower court’s order adopting a report and recommendation to award attorney fees of $479,656.22 to a health care company and related entities in a relator’s qui tam suit against them asserting violations of the False Claims Act (FCA) regarding disputes over the Medicare Recovery Audit Contractor program, finding that the lower court did not abuse its discretion in finding attorney fees “justified” due to the relator’s claims being “frivolous.”

Louisiana High Court Affirms Prescriptive Denial In Hurricane Coverage Dispute

NEW ORLEANS — The Louisiana Supreme Court on March 6 affirmed and remanded to a trial court an appellate court’s denial of an exception of prescription sought by the Louisiana Insurance Guaranty Association (LIGA) as purported guarantor for a now-insolvent insurer in an insurance coverage dispute over purported damages from Hurricane Ida, finding that because the insurer made an unconditional payment on its insureds’ claims, which interrupted the prescriptive period, the insureds’ complaint was timely.

Court Lacked Admiralty Jurisdiction Over Yacht Owner’s Claims, 5th Circuit Affirms

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals affirmed a lower federal court’s ruling that granted subrogee insurers’ motion to dismiss a yacht owner’s petition seeking limitation of liability for damage caused by a fire and explosion under the Limitation of Liability Act, agreeing with insurers that the lower court lacked admiralty jurisdiction over the yacht owner’s claims.

LATEST NEWS

Anthropic Sues Government Over ‘Supply Chain Risk’ Designation
California DOI, Insurer Reach Agreement In Rate Increase Hearing Proceeding
Novo Nordisk Drops Suit Against Hims, Enters Agreement For Online Sales
Liquor Liability Insurer, Insured Seek To Dismiss Coverage Suit Over Fatal Shooting
2nd Circuit Denies Mandamus Challenge To Recusal Denial In COVID Testing Fraud Row
Pet Food Class Action Over ‘No Preservatives’ Claim Partly Dismissed
PIP Claims Dismissed After Parties Stipulate To Dismissal In Coverage Dispute
Judge Enjoins Perplexity AI From Accessing Protected Areas Of Amazon.com
Litigation Financer May Enforce $13M Award After Albanian Entities Default
Appellant Forfeited New Antedating Argument Before PTAB, Federal Circuit Says
No Coverage Owed For Oil Spill Remediation Costs, Federal Judge Determines
CPAP MDL Judge Won’t Reopen Case For Man Who Says He Didn’t Get Court’s Notices
Prohibited Transaction Claims Survive In ERISA Suit Over Prescription Costs
Pollution Exclusion Bars Coverage For Contaminated Sugar, Insurer Maintains
Boat Owner Files Class Action Over Raw Sewage Discharge Into Potomac River
Judge Denies Insured’s Summary Judgment Motion In Medicaid Fraud Coverage Dispute
Alaska High Court Vacates Attorney Fees Award, Finding Insufficient Evidence
Georgia Panel Reverses $345M Judgment Against Insurers In Sexual Abuse Coverage Suit
Another Michigan Municipality Sues PFAS Makers Seeking Damages For Water Pollution
U.S. Supreme Court Dismisses Google, Epic Fortnite Antitrust Dispute
Judge Denies Cross-Motions For Summary Judgment In Defect Coverage Dispute
Ohio Parties Debate Whether Court Should Have Reviewed Asbestos Ruling
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002
Florida $20M Asbestos-Talc Verdict Stands As Judge Denies Posttrial Motions
New Jersey Judge Won’t Stay Beasley Allen Talc Disqualification
Government Seeks Review Of Order On Expert Admissibility In Camp Lejeune Case
Ill. Federal Judge Certifies Question On ECPA’s Crime-Tort Exception To 7th Circuit
No Coverage For Suit Arising From Insured’s Alleged Toxic Hair Products, Judge Says
Florida Judge: No Jurisdiction Over PTI Defendants In Asbestos Case
Insurers Say Avon Debtors’ Bankruptcy Plan Does Not Moot Their Appeal